State of Kansas Enrolled Bill # 2895

May 21, 1998

Message to the House of Representatives of the State of Kansas:

Pursuant to Article, Section 14 of the Constitution of the State of Kansas, I hereby return Senate Substitute for House Bill No. 2895 with my signature approving the bill, except for the items enumerated on the attachment.

______________________

Bill, Graves, Governor

Attachment for Senate Substitute for House Bill No. 2895

Agriculture--Technical Corrections

Sections 17(j) and 17(k) have been line-item vetoed in their entirety.

The expenditure limitations on the Department's Fertilizer Fee Fund and Pesticide Use Fee Fund reference incorrect amounts. Because I agree that the Department of Agriculture should spend $50,000 to evaluate the safety of cantainment facilities, I am vetoing language that would prevent this expenditure. I also veto the language that would incorrectly raise the expenditure limitation on the Pesticide Use Fee Fund from $416,010 to $475,472. This action will result in a net decrease of $8,945 in FY 1998 expenditures.

All Agencies--Salary Plan Duplication

Sec. 49 has been line-item vetoed in its entirety.

This section authorizes salary increases in accordance with the proposal I submitted to the Legislature for state employee pay. However, it duplicates the same salary authority approved in SB 501, which was also passed by the Legislature. SB 501, which I have signed into law, is the preferred means for implementing the salary increase because it allows the salaries of elected officials to be updated in substantive law to include salary levels effective for FY 1999. I veto this section as a technical action to avoid duplication and the potential for confusion.

SENATE Substitute for HOUSE BILL No. 2895

An Act making and concerning appropriations for the fiscal years ending June 30, 1998, June 30, 1999, and June 30, 2000; authorizing certain transfers and fees, imposing certain restrictions and limitations and directing or authorizing certain receipts, disbursements, capital improvements and acts incidental to the foregoing; repealing section 11 of 1998 House Substitute for Substitute for Senate Bill No. 424.

Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) For the fiscal years ending June 30, 1998, June 30,
1999, and June 30, 2000, appropriations are hereby made, restrictions
and limitations are hereby imposed, and transfers, fees, receipts, dis-
bursements, and acts incidental to the foregoing are hereby directed or
authorized as provided in this act.

(b) The agencies named in this act are hereby authorized to initiate
and complete the capital improvement projects specified and authorized
by this act or for which appropriations are made by this act, subject to
the restrictions and limitations imposed by this act.

(c) This act shall be known and may be cited as the omnibus appro-
priation act of 1998 and shall constitute the omnibus reconciliation spend-
ing limit bill for the 1998 regular session of the legislature for purposes
of subsection (a) of K.S.A. 75-6702 and amendments thereto.

(d) The appropriations made by this act shall not be subject to the
provisions of K.S.A. 46-155 and amendments thereto.

Sec. 2.

DEPARTMENT OF EDUCATION (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures (including official hospitality) For the fiscal year ending June 30, 1999	$200,000
Adult basic education For the fiscal year ending June 30, 1999	$29,494
Supplemental general state aid For the fiscal year ending June 30, 1999	$409,000
KPERS--employer contributions For the fiscal year ending June 30, 1999	$207,297
Community college credit hour state aid For the fiscal year ending June 30, 1999	$1,090,842
School district juvenile detention facilities and Flint Hills job corps center grants For the fiscal year ending June 30, 1998	$219,046
For the fiscal year ending June 30, 1999	$259,419
Unified school district no. 207, Fort Leavenworth For the fiscal year ending June 30, 1998	$1,310,760

Provided, That expenditures from this account shall be made only for the purpose of re-
imbursing the school district for underpayment in the 1994-95 school year of general state
aid due to deduction in computation of an amount equal to the amount in this account as
the result of receipt by the school district of a payment of public law 874 moneys, which
moneys were coded incorrectly as section b moneys on the federal payment voucher and
deposited in the general fund of the school district in accordance with the provisions of the
school district finance and quality performance act: Provided further, That the amount of
reimbursement received by the school district pursuant to the foregoing proviso shall be
deposited in the school district's capital outlay fund in which the public law 874 moneys
would have been deposited if coded correctly as section f moneys on the federal payment
voucher: And provided further, That expenditures from this account shall be conditioned
so that in the event that the school district receives in any school year a payment of public
law 874 section f moneys as an adjustment of the incorrectly coded payment, the school
district shall remit the amount of such payment, not to exceed the amount in this account,
to the state treasurer, for deposit in the state treasury to the credit of the state general fund.

Special education services aid
For the fiscal year ending June 30, 1999

$5,850,000

(b) On July 1, 1998, of the $1,703,716,638 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 123(a) of 1998
Senate Bill No. 495 from the state general fund in the general state aid
account, the sum of $19,095,000 is hereby lapsed.

(c) On July 1, 1998, the expenditure limitation imposed by section
123(a) of 1998 Senate Bill No. 495 on the expenditures from the reap-
propriated balance in the KPERS--employer contributions account is
hereby increased from $490,097 to $893,732.

(d) On July 1, 1998, the limitation imposed by section 123(a) of 1998
Senate Bill No. 495 on the amount of unencumbered balance in the general
state aid account of the state general fund that, in excess of which, an
amount of not to exceed $1,000,000 shall be transferred to the inservice
education aid account of the state general fund of the department of edu-
cation to be used to fund approved inservice education programs as
authorized by K.S.A. 72-6901 et seq., and amendments thereto is hereby
increased from $17,428,362 to $25,927,362.

(e) On July 1, 1998, of the $1,700,000 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 123(a) of 1998
Senate Bill No. 495 from the state general fund in the innovative program
assistance account, the sum of $100,000 is hereby lapsed.

Sec. 3.

ATTORNEY GENERAL
(a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures relating to interstate water rights regarding theRepublican river and its tributaries
For the fiscal year ending June 30, 1999

$980,000

Provided, That any unencumbered balance in excess of $100 as of June 30, 1998, in the
operating expenditures relating to interstate water rights regarding the Republican river and
its tributaries account is hereby reappropriated for fiscal year 1999.

(b) In addition to the provisions of the provisos to the appropriation
of moneys in the operating expenditures account of the state general fund
for the fiscal year ending June 30, 1999, as prescribed in section 89(a) of
1998 Senate Bill No. 495, the attorney general shall not make expendi-
tures from the operating expenditures account of the state general fund
for the purpose of paying the salary, fringe benefits and associated op-
erating expenses of a position added in fiscal year 1999 to investigate and
prosecute cases of reported child abuse and neglect unless the attorney
general receives funding from the Edward Byrne memorial state and local
law enforcement assistance grant to pay the remaining part of the salary,
fringe benefits and associated operating expenses of such added position.

Sec. 4.

DEPARTMENT OF CORRECTIONS (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Planning for transitional centers
For the fiscal year ending June 30, 1998

$200,000

Provided, That any unencumbered balance in the planning for transitional centers account
in excess of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999: Provided
further, That all expenditures from this account shall be for the purpose of planning for
transitional centers to expand alternative punishment options: And provided further, That
the moneys in this account shall serve as the state match for expenditures from the violent
offender incarceration and truth in sentencing incentive grants--federal fund for planning
for transitional centers.

Community corrections
For the fiscal year ending June 30, 1999

$1,179,125

Provided, That, of the amount appropriated in the community corrections account of the
state general fund, the amount of $250,000 shall be expended for substance abuse and
mental health services: Provided further, That, of the amount appropriated in the com-
munity corrections account of the state general fund, the amount of $929,125 shall be
expended for the establishment of community intermediate sanctions centers to enhance
residential alternative punishment options and expand prison bed space: And provided fur-
ther, That community corrections organizations shall make services and programs available
to individuals serving terms and conditions of probation, parole or post-release supervision
from a state correctional facility.

Treatment and programs For the fiscal year ending June 30, 1999	$250,000
Conservation camp for female offenders For the fiscal year ending June 30, 1999	$455,750

Provided, That expenditures may be made from the conservation camp for female offenders
account to finance costs associated with either a state constructed or renovated and state
operated facility, a state constructed or renovated and privately operated facility, or a pri-
vately constructed or renovated and privately operated facility: Provided further, That no
expenditures may be made from this account until after the joint committee on corrections
and juvenile justice oversight has reviewed a report by the department of corrections on
local neighborhood impact.

Local jail payments
For the fiscal year ending June 30, 1998

$200,000

(b) (1) In addition to the other purposes for which expenditures may
be made by the above agency from the capacity expansion planning ac-
count of the state general fund for the fiscal year ending June 30, 1998,
as authorized by section 45(a) of chapter 192 of the 1997 Session Laws
of Kansas or by this or other appropriation act of the 1998 regular session
of the legislature, expenditures may be made by the above agency for
fiscal year 1998 from the capacity expansion planning account of the state
general fund for the following capital improvement project or projects:
Planning for new reception and diagnostic unit.

(2) In addition to the other purposes for which expenditures may be
made by the above agency from the capacity expansion planning account
of the state general fund for fiscal year 1999, as authorized by this or
other appropriation act of the 1998 regular session of the legislature,
expenditures may be made by the above agency for fiscal year 1999 from
the unencumbered balance as of June 30, 1998, in the capacity expansion
planning account of the state general fund for the following capital im-
provement project or projects: Planning for new reception and diagnostic
unit: Provided, That expenditures for such projects from the unencum-
bered balance in the capacity expansion planning account of the state
general fund shall not exceed the unencumbered balance in such account
as of June 30, 1998.

(c) In addition to the other purposes for which expenditures may be
made by the above agency from the treatment and programs account from
the state general fund for the fiscal year ending June 30, 1998, as au-
thorized by section 81(a) of chapter 123 of the 1997 Session Laws of
Kansas, expenditures may be made from the treatment and program ac-
count of the state general fund for the health care contract costs incurred
prior to June 30, 1997.

(d) On the effective date of this act, of the $1,591,844 appropriated
for the above agency for the fiscal year ending June 30, 1998, by section
81(a) of chapter 123 of the 1997 Session Laws of Kansas from the state
general fund in the community correctional conservation camps account,
the sum of $110,000 is hereby lapsed.

(e) On the effective date of this act, of the $13,412,525 appropriated
for the above agency for the fiscal year ending June 30, 1998, by section
81(a) of chapter 123 of the 1997 Session Laws of Kansas from the state
general fund in the community corrections account, the sum of $200,678
is hereby lapsed.

(f) (1) On July 1, 1998, of the $125,103,623 appropriated for the
above agency for the fiscal year ending June 30, 1999, by section 140(a)
of 1998 Senate Bill No. 495 from the state general fund in the facilities
operations account, the sum of $40,720 is hereby lapsed.

(2) On July 1, 1998, the amount designated for the Topeka correc-
tional facility by section 140(c) of 1998 Senate Bill No. 495 for the fiscal
year ending June 30, 1999, is hereby decreased from $12,884,190 to
$12,843,470.

(g) In addition to the other purposes for which expenditures may be
made by the above agency from the violent offender incarceration and
truth in sentencing incentive grants--federal fund for the fiscal year end-
ing June 30, 1999, as authorized by section 140(b) of 1998 Senate Bill
No. 495, expenditures may be made from the violent offender incarcer-
ation and truth in sentencing incentive grants--federal fund for fiscal year
1999 to fund the establishment or operation, or both, of the conservation
camp for female offenders: Provided, That expenditures for such pur-
poses from the violent offender incarceration and truth in sentencing
incentive grants--federal fund for fiscal year 1999 shall not exceed
$281,250.

(h) In addition to the other purposes for which expenditures may be
made by the above agency from the violent offender incarceration and
truth in sentencing incentive grants--federal fund for the fiscal year end-
ing June 30, 1999, as authorized by section 140(b) of 1998 Senate Bill
No. 495, expenditures may be made from the violent offender incarcer-
ation and truth in sentencing incentive grants--federal fund for fiscal year
1999 to fund the establishment and operation of transition centers to
enhance alternative punishment options and expand prison bed space:
Provided, That expenditures for such purposes from the violent offender
incarceration and truth in sentencing incentive grants--federal fund for
fiscal year 1999 shall not exceed $1,605,000.

(i) In addition to the other purposes for which expenditures may be
made by the above agency from the violent offender incarceration and
truth in sentencing incentive grants--federal fund for the fiscal year end-
ing June 30, 1999, as authorized by section 140(b) of 1998 Senate Bill
No. 495, expenditures may be made from the violent offender incarcer-
ation and truth in sentencing incentive grants--federal fund for fiscal year
1999 to fund the establishment or operation, or both, of community in-
termediate sanctions centers as part of the community corrections grant
funding to enhance residential alternative punishment options and ex-
pand prison bed space: Provided, That, community corrections organi-
zations shall make services and programs available to individuals serving
terms and conditions of probation, parole or post-release supervision from
a state correctional facility: Provided further, That expenditures for such
purposes from the violent offender incarceration and truth in sentencing
incentive grants--federal fund for fiscal year 1999 shall not exceed
$555,500.

(j) On the effective date of this act, the expenditure limitation on the
correctional industries fund established by section 81(b) of chapter 123
of the 1997 Session Laws of Kansas, is hereby increased from $9,665,133
to No limit.

(k) During the fiscal year ending June 30, 1998, and the fiscal year
ending June 30, 1999, the above agency is hereby authorized to make
expenditures to raze building number 125027 (Winfield bakery), number
125028 (Winfield main kitchen), number 400009 (Lansing power
plant--east unit) and number 400192 (Lansing fire station).

(l) On July 1, 1998, the position limitation established by section
140(e) of 1998 Senate Bill No. 495 for the above agency is hereby de-
creased from 3,033.5 to 3,031.5.

(m) During the fiscal year ending June 30, 1998, and the fiscal year
ending June 30, 1999, any unencumbered moneys in the correctional
industries fund may be expended for capital improvement projects for
the renovation or repair of existing buildings or facilities or for the con-
struction or acquisition of buildings or facilities for correctional industries
as provided in K.S.A. 75-5281 and 75-5288 and amendments thereto:
Provided, That such capital improvement projects shall not be subject to
the requirements to prepare and submit capital improvement budget es-
timates as provided in K.S.A. 75-3717b and amendments thereto: Pro-
vided further, That, prior to commencement of any such capital improve-
ment project, the director of Kansas correctional industries shall advise
and consult with the joint committee on state building construction con-
cerning such capital improvement projects.

(n) During the fiscal year ending June 30, 1999, notwithstanding the
provisions of K.S.A. 75-3738 to 75-3744, inclusive, article 12 of chapter
75 of the Kansas Statutes Annotated, article 58 of chapter 75 of the Kansas
Statutes Annotated, and amendments thereto, or of any other laws to the
contrary, the secretary of corrections may enter into agreements with a
private individual, firm, corporation or other lawful entity for the purpose
of accepting as a donation, lease or purchase, on behalf of the state any
building or renovation of a building to be used for the manufacture and
processing of goods, wares or merchandise, or for any other business or
commercial enterprise deemed by the secretary of corrections to be con-
sistent with the proper training and rehabilitation of inmates: Provided,
That such agreements may provide for the financing, design, construction
or renovation of such buildings on the grounds of correctional facilities:
Provided, however, That the secretary shall not obligate the expenditure
of state funds except as provided by K.S.A. 75-5281 and amendments
thereto: Provided further, That buildings constructed or renovated pur-
suant to this subsection shall become the property of the state as provided
by such agreements or after 20 years, whichever time period is shorter.

Sec. 5.

KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM (a) On the effective date of this act, the expenditure limitation estab-
lished by section 23(b) of 1998 Senate Bill No. 495 on the investment
related expenses account of the Kansas public employees retirement fund
is hereby increased from $22,212,030 to $22,515,006.

(b) On July 1, 1998, the expenditure limitation established by section
99(b) of 1998 Senate Bill No. 495 on the agency operations account of
the Kansas public employees retirement fund is hereby increased from
$4,675,482 to $4,849,335.

(c) On July 1, 1998, the expenditure limitation established by section
99(b) of 1998 Senate Bill No. 495 on the investment related expenses
account of the Kansas public employees retirement fund is hereby in-
creased from $23,164,887 to $24,084,723.

(d) In addition to the other purposes for which expenditures may be
made by the above agency from the Kansas public employees retirement
fund for the fiscal year ending June 30, 1999, as authorized by section
99(a) of 1998 Senate Bill No. 495, expenditures may be made by the
above agency for fiscal year 1999 for the following specified purposes,
subject to the expenditure limitations prescribed therefor as follows:

Technology project

$2,400,000

Provided, That, beginning on July 1, 1998, the above agency shall submit to the joint com-
mittee on computers and telecommunications quarterly reports on the progress of imple-
menting the technology project, including a report of any proposed contracts with vendors
prior to entering into any such contracts.

(e) There is appropriated for the above agency from the Kansas pub-
lic employees retirement fund for the fiscal year or years specified, the
following:

Technology project
For the fiscal year ending June 30, 2000

$600,000

Provided, That, beginning July 1, 1999, the above agency shall submit to the joint committee
on computers and telecommunications quarterly reports on the progress of the technology
project, including a report of any proposed contracts with vendors prior to entering into any
such contracts.

Sec. 6.

DEPARTMENT OF TRANSPORTATION (a) On the effective date of this act, the expenditure limitation estab-
lished by section 60(b) of 1998 Senate Bill No. 495 on the agency oper-
ations account of the state highway fund is hereby decreased from
$194,307,525 to $193,969,974.

(b) On the effective date of this act, the expenditure limitation estab-
lished by section 105(b) of chapter 123 of the 1997 Session Laws of Kan-
sas on the construction, remodeling and special maintenance projects for
buildings account of the state highway fund is hereby increased from
$5,090,921 to $5,322,291.

(c) On July 1, 1998, the expenditure limitation established by section
159(b) of 1998 Senate Bill No. 495 on the agency operations account of
the state highway fund is hereby decreased from $207,692,071 to
$207,261,243.

(d) On July 1, 1998, the expenditure limitation established by section
159(b) of 1998 Senate Bill No. 495 on the construction, remodeling and
special maintenance projects for buildings account of the state highway
fund is hereby increased from $7,972,315 to $9,017,315.

Sec. 7.

KANSAS LOTTERY (a) On and after the effective date of this act, during the fiscal year
ending June 30, 1998, or the fiscal year ending June 30, 1999, the exec-
utive director of the Kansas lottery shall notify immediately in writing the
chairperson of the senate ways and means committee and the chairperson
of the house appropriations committee, and shall send a copy of such
notice to the director of the legislative research department, if and when
there are any changes in the management of G-TECH corporation in-
volving its corporate officers.

(b) Notwithstanding provisions of section 108(e) of 1998 Senate Bill
No. 495, the executive director of the Kansas lottery shall not make any
notification pursuant to such section and the provisions of section 108(e)
of 1998 Senate Bill No. 495 shall be and are hereby of no force and effect.

Sec. 8.

DEPARTMENT OF HEALTH AND ENVIRONMENT (a) On July 1, 1998, of the $580,700 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 117(a) of 1998
Senate Bill No. 495 from the state general fund in the salaries and wages
for swine production facility inspectors account, the sum of $22,000 is
hereby lapsed.

(b) On July 1, 1998, of the $14,408,029 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 117(a) of 1998
Senate Bill No. 495 from the state general fund in the salaries and wages
account, the sum of $7,239 is hereby lapsed.

(c) Notwithstanding the provisions of section 117(a) of 1998 Senate
Bill No. 495, expenditures shall be made by the department of health and
environment during the fiscal year ending June 30, 1999, from the reap-
propriated balance in the other operating expenditures (including official
hospitality) account of the state general fund only upon approval of the
state finance council.

(d) (1) In addition to the other purposes for which expenditures may
be made by the department of health and environment from a special
revenue fund of the department of health and environment during the
fiscal year ending June 30, 1999, as authorized by section 117(b) of 1998
Senate Bill No. 495, expenditures may be made by the department of
health and environment for fiscal year 1999 from an additional amount
of money received by the department of health and environment during
the fiscal year ending June 30, 1999, which was not included in the budget
for the fiscal year ending June 30, 1999, of the department of health and
environment as approved by the legislature during 1998 regular session,
which has been received and deposited in the state treasury to the credit
of the special revenue fund of the department of health and environment,
and which has been reported in writing to the legislative coordinating
council as to the additional amount of money received and deposited in
the special revenue fund: Provided, That all expenditures from such ad-
ditional amount credited to the special revenue fund shall be in addition
to any expenditure limitation imposed on the special revenue fund for
fiscal year 1999.

(2) As used in this subsection (d),

(A) ``additional amount of money'' means (i) any additional amount
of special revenue fund receipts for the fiscal year ending June 30, 1999,
which are in excess of the amount of those receipts anticipated and in-
cluded in the budget for the fiscal year ending June 30, 1999, of the
department of health and environment as approved by the legislature
during 1998 regular session, (ii) any amount of moneys received under a
federal grant that is in addition to the amount anticipated to be received
by the department of health and environment and that is not included in
the budget for the fiscal year ending June 30, 1999, of the department of
health and environment as approved by the legislature during 1998 reg-
ular session, and (iii) any moneys received or anticipated to be received
by the department of health and environment from nongovernmental
sources which were not included in the budget for the fiscal year ending
June 30, 1999, of the department of health and environment as approved
by the legislature during 1998 regular session; and

(B) ``special revenue fund'' means the health care database fee fund,
laboratory medicaid cost recovery fund, driving under the influence
equipment fund, power generating facility fee fund, breast and cervical
cancer program and detection fund, health and environment training fee
fund, food service inspection reimbursement fund, mined-land conser-
vation and reclamation fee fund, insurance statistical plan fund, solid
waste management fund, public water supply fee fund, voluntary cleanup
fund, storage tank fee fund, nuclear safety emergency preparedness spe-
cial revenue fund, waste tire management fund, health and environment
publication fee fund, district coroners fund, local air quality control au-
thority regulation services fund, environmental response fund, remedia-
tion projects fund, mined-land reclamation fund, sponsored project over-
head fund, child care facilities licensure fund, federal cancer registry
fund, clinical laboratory improvement amendments--federal fund, child
care and development block grant--federal fund, federal migrant health
program fund, venereal disease control project fund--federal, disease
prevention and health promotion federal grants fund, federal women,
infants and children health program fund, state legalization impact assis-
tance grant fund, water supply fund--federal, EPA voluntary cleanup
federal fund, immunization grant funds--federal fund, diagnostic X-ray
program--federal fund, preventive health and health services block grant
fund, maternal and child health services block grant fund, federal title X
family planning fund, pregnancy nutrition surveillance--federal fund,
early childhood developmental services--federal fund, 104(6)(1) out-
reach operator training program--federal fund, underground storage
tank fund--federal, AIDS project--education and risk reduction--fed-
eral fund, commodity supplemental food program fund, census of trau-
matic occupational fatalities--federal fund, AIDS drug reimbursement
program--federal fund, state indoor radon grant--federal fund, pollution
prevention program--federal fund, federal NICE3 public utility grant
fund, gifts, grants and donations fund, public water supply loan fund,
Kansas water pollution control revolving fund, cost of issuance fund for
Kansas water pollution control revolving fund revenue bonds, bicycle hel-
met revolving fund, SSA fee fund, lead poisoning prevention--federal
fund, or wetlands protection--federal fund.

(e) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures--implementation of 1998 House Bill No. 2531 For the fiscal year ending June 30, 1999	$120,925
Operating expenditures--implementation of 1998 House Bill No. 2972 For the fiscal year ending June 30, 1999	$152,532
Aid to local units For the fiscal year ending June 30, 1999	$250,000
Relocation from Mills building For the fiscal year ending June 30, 1999	$164,148

(f) In addition to the other purposes for which expenditures may be
made by the above agency from the child care facilities licensure fund
for the fiscal year ending June 30, 1998, as authorized by section 52(k)
of 1998 Senate Bill No. 495, expenditures may be made by the above
agency from the child care facilities licensure fund for fiscal year 1998
for aid to counties for expenses incurred to assist the above agency in
state child care facility licensure operations: Provided, That, on and after
the effective date of this act, (1) expenditures by the above agency from
the child care facilities licensure fund for the fiscal year ending June 30,
1998, for aid to counties for expenses incurred to assist the above agency
in state child care facility licensure operations shall not exceed the amount
equal to 70% of all expenditures on and after the effective date of this
act from the child care facilities licensure fund for fiscal year 1998, and
(2) expenditures by the above agency from the child care facilities licen-
sure fund for the fiscal year ending June 30, 1998, for state operations
expenses of the above agency for the activities of officers and employees
of the above agency under the child care facility licensure program shall
not exceed the amount equal to 30% of all expenditures on and after the
effective date of this act from the child care facilities licensure fund for
fiscal year 1998.

(g) In addition to other purposes for which expenditures may be
made by the above agency from the child care facilities licensure fund
for the fiscal year ending June 30, 1999, as authorized by section 117(b)
of 1998 Senate Bill No. 495, expenditures may be made by the above
agency from the child care facilities licensure fund for fiscal year 1999
for aid to counties for expenses incurred to assist the above agency in
state child care facility licensure operations: Provided, That (1) expendi-
tures by the above agency from the child care facilities licensure fund for
the fiscal year ending June 30, 1999, for aid to counties for expenses
incurred to assist the above agency in state child care facility licensure
operations shall not exceed the amount equal to 55% of all expenditures
on and after the effective date of this act from the child care facilities
licensure fund for fiscal year 1999, and (2) expenditures by the above
agency from the child care facilities licensure fund for the fiscal year
ending June 30, 1999, for state operations expenses of the above agency
for the activities of officers and employees of the above agency under the
child care facility licensure program shall not exceed the amount equal
to 45% of all expenditures on and after the effective date of this act from
the child care facilities licensure fund for fiscal year 1999.

(h) In addition to other purposes for which expenditures may be
made by the above agency from the maternal and child health services
block grant fund for the fiscal year ending June 30, 1999, as authorized
by section 117(b) of 1998 Senate Bill No. 495, expenditures shall be made
by the above agency from the maternal and child health services block
grant fund for fiscal year 1999 for a grant in the amount of $40,300 to
the sudden infant death support network of Kansas.

(i) On July 1, 1998, the position limitation established by section 119
of 1998 Senate Bill No. 495 for the above agency is hereby increased
from 834.6 to 837.6.

(j) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the driving under the influence
equipment fund is hereby increased from $99,104 to No limit.

(k) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the breast and cervical cancer
program and detection fund is hereby increased from $1,558,092 to No
limit.

(l) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the health and environment train-
ing fee fund is hereby increased from $183,785 to No limit.

(m) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the food service inspection reim-
bursement fund is hereby increased from $510,000 to No limit.

(n) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the health and environment pub-
lication fee fund is hereby increased from $32,900 to No limit.

(o) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the district coroners fund is hereby
increased from $227,000 to No limit.

(p) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the adult care licensing revolving
fund is hereby increased from $0 to No limit.

(q) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the venereal disease control project
fund--federal is hereby increased from $645,204 to No limit.

(r) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the immunization grant funds--
federal fund is hereby increased from $4,019,870 to No limit.

(s) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the AIDS drug reimbursement
program--federal fund is hereby increased from $927,000 to No limit.

(t) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the public water supply loan fund
is hereby increased from $1,042,107 to No limit.

(u) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the Kansas water pollution control
revolving fund is hereby increased from $393,264 to No limit.

(v) On July 1, 1998, the expenditure limitation established by section
117(b) of 1998 Senate Bill No. 495 on the cost of issuance fund for Kansas
water pollution control revolving fund revenue bonds is hereby increased
from $141,253 to No limit.

(w) In addition to the other purposes for which expenditures may be
made by the above agency from the AIDS drug reimbursement pro-
gram--federal fund for the fiscal year ending June 30, 1999, as authorized
by section 117(b) of 1998 Senate Bill No. 495, expenditures may be made
by the above agency for fiscal year 1999 from the AIDS drug reimburse-
ment program--federal fund for fiscal year 1999, for development and
implementation of cost containment measures by the secretary of health
and environment for the purposes of limiting or controlling increases in
the costs of the AIDS drug reimbursement program during fiscal year
1999, subject to the condition that each individual who is currently on
AIDS drug assistance shall continue to receive AIDS drug assistance and
shall not be denied such AIDS drug assistance.

(x) In addition to the other purposes for which expenditures may be
made by the above agency from the salaries and wages for swine produc-
tion facility inspectors account of the state general fund for the fiscal year
ending June 30, 1999, as authorized by section 117(a) of 1998 Senate Bill
No. 495, expenditures may be made by the above agency for fiscal year
1999 from the salaries and wages for swine production facility inspectors
account of the state general fund for fiscal year 1999, for operating ex-
penditures for swine production facility inspections during fiscal year
1999.

(y) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal year or years specified, all
moneys now or hereafter lawfully credited to and available in such fund
or funds, except that expenditures other than refunds authorized by law
shall not exceed the following:

Food inspection fee fund
For the fiscal year ending June 30, 1999

Provided, That expenditures may be made from the food inspection fee fund for operating
expenditures for the food inspection program and other activities for the regulation of food
service establishments, food vending machines, food vending machine companies and food
vending machine dealers under the food service and lodging act: Provided further, That,
notwithstanding the provisions of K.S.A. 36-512 and amendments thereto to the contrary,
all moneys received from fees charged and collected by the secretary of health and envi-
ronment under the food inspection program and other activities for the regulation of food
service establishments, food vending machines, food vending machine companies and food
vending machine dealers under the food service and lodging act shall be deposited in the
state treasury and credited to this food inspection fee fund.

Sec. 9.

KANSAS TECHNOLOGY ENTERPRISE CORPORATION (a) On July 1, 1998, the expenditure limitation established by section
112(a) of 1998 Senate Bill No. 495 on the economic development re-
search and development fund is hereby increased from $13,986,956 to
$14,145,456.

(b) On July 1, 1998, the expenditure limitation established by section
112(b) of 1998 Senate Bill No. 495 on the operations, assistance and
grants (including official hospitality) account of the economic develop-
ment research and development fund is hereby increased from
$13,986,956 to $14,036,956.

(c) In addition to the other purposes for which expenditures may be
made by the above agency from the economic development research and
development fund for the fiscal year ending June 30, 1999, as authorized
by section 112(a) of 1998 Senate Bill No. 495, expenditures may be made
by the above agency from the economic development research and de-
velopment fund for fiscal year 1999 for the following specified purposes,
except that expenditures for such specified purposes shall not exceed the
expenditure limitations prescribed therefor as follows:

Applied research matching grants

$108,500

Sec. 10.

DEPARTMENT OF COMMERCE AND HOUSING (a) On July 1, 1998, the expenditure limitation established by section
110(d) of 1998 Senate Bill No. 495 on the training equipment grant su-
baccount of the Kansas economic development endowment account of
the state economic development initiatives fund is hereby increased from
$250,000 to $300,000.

(b) On July 1, 1998, the expenditure limitation established by section
110(c) of 1998 Senate Bill No. 495 on the Kansas economic development
endowment account of the state economic development initiatives fund
is hereby increased from $14,761,729 to $15,011,729.

(c) In addition to the other purposes for which expenditures may be
made by the above agency from the Kansas economic development en-
dowment account of the state economic development initiatives fund for
the fiscal year ending June 30, 1999, as authorized by section 110(c) of
1998 Senate Bill No. 495, expenditures may be made by the above agency
from the Kansas economic development endowment account of the state
economic development initiatives fund during fiscal year 1999 for the
following specified purposes, subject to the expenditure limitations pre-
scribed therefor as follows:

Kansas sports hall of fame

$150,000

Provided, That all expenditures from the Kansas sports hall of fame subaccount of the Kansas
economic development endowment account shall be made only for the purpose of matching
an equal or greater amount of federal or other nonstate governmental grant moneys or
private grant or donation moneys, or any combination thereof, received by the state of
Kansas sports hall of fame: Provided further, That no expenditure shall be made by the
above agency from this subaccount unless the secretary of commerce and housing has re-
ceived information from the state of Kansas sports hall of fame board of trustees that dem-
onstrates that the state of Kansas sports hall of fame has received the required matching
funds for such expenditure: And provided further, That all expenditures from this subac-
count shall be for a grant to assist the state of Kansas sports hall of fame stabilize its oper-
ations: And provided further, That such grant shall be a one-time grant and shall not be
considered to be the basis for continuing support for the state of Kansas sports hall of fame.

Motion picture and television sales tax reimbursement

$100,000

Provided, That all expenditures from the motion picture and television production sales tax
reimbursements subaccount of the Kansas economic development endowment account shall
be made to reimburse sales and use taxes paid on sales of tangible personal property pur-
chases by or on behalf of a motion picture or television production company to be used or
consumed in association with an eligible production in accordance with administrative pol-
icies and procedures adopted by the secretary of commerce and housing, including any
necessary forms: Provided, however, That all reimbursements from this subaccount shall be
based on valid receipts for taxes paid for taxable transactions occurring on or after July 1,
1998: Provided further, That, as used in this proviso, eligible production includes feature-
length motion pictures intended for theatrical release or for exhibition on national television
by a network or through national syndication, television projects for broadcast on a network
or through national syndication, direct video and compact disc projects and television com-
mercials.

Sec. 11.

KANSAS, INC. (a) In addition to the other purposes for which expenditures may be
made by the above agency from the EDIF fund for the fiscal year ending
June 30, 1999, as authorized by section 111(b) of 1998 Senate Bill No.
495, expenditures may be made by the above agency from the EDIF fund
during fiscal year 1999 for the following specified purposes, subject to
the expenditure limitations prescribed therefor as follows:

Kansas export data base study	$20,000
Annual survey of Kansas manufacturers	$45,000

(b) On July 1, 1998, the expenditure limitation established by section
111(b) of 1998 Senate Bill No. 495 on the EDIF fund of Kansas, Inc., is
hereby increased from $169,563 to $247,563.

(c) On July 15, 1998, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $65,000 from the Kan-
sas economic development endowment account of the state economic
development initiatives fund of the department of commerce and housing
to the EDIF fund of Kansas, Inc.

Sec. 12.

OFFICE OF THE SECURITIES COMMISSIONER OF KANSAS (a) On July 1, 1998, the expenditure limitation established for the
fiscal year ending June 30, 1999, by section 80(a) of 1998 Senate Bill No.
495 on the securities act fee fund is hereby increased from $1,798,564 to
$1,824,334.

Sec. 13.

KANSAS STATE BOARD OF COSMETOLOGY (a) On July 1, 1998, the expenditure limitation established for the
fiscal year ending June 30, 1999, by section 69(a) of 1998 Senate Bill No.
495 on the cosmetology fee fund is hereby increased from $498,100 to
$715,596.

(b) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 1998, by section 8(a) of chapter
123 of the 1997 Session Laws of Kansas on the cosmetology fee fund is
hereby increased from $475,016 to $504,866.

(c) On the effective date of this act, the position limitation established
for the fiscal year ending June 30, 1998, by section 22 of chapter 123 of
the 1997 Session Laws of Kansas for the above agency is hereby increased
from 10.0 to 11.0.

(d) On July 1, 1998, the position limitation established for the fiscal
year ending June 30, 1999, by section 22 of chapter 123 of the 1997
Session Laws of Kansas for the Kansas state board of cosmetology is
hereby increased from 10.0 to 12.0.

(e) In addition to other purposes for which expenditures may be
made by the above agency from the cosmetology fee fund for the fiscal
year ending June 30, 1999, as authorized by section 8(a) of chapter 123
of the 1997 Session Laws of Kansas, by section 69(a) of 1998 Senate Bill
No. 495 or by this or other appropriation act of the 1998 regular session
of the legislature, expenditures may be made by the above agency from
the cosmetology fee fund for fiscal year 1999 for a new computer system,
including computer software, to replace the existing computer hardware
and software: Provided, That no expenditures shall be made from the
cosmetology fee fund for fiscal year 1999 for a new computer system,
including computer software, to replace the existing computer hardware
and software except upon approval of the state finance council acting on
this matter which is hereby characterized as a matter of legislative dele-
gation and subject to the guidelines prescribed by subsection (c) of K.S.A.
75-3711c and amendments thereto and acting on this matter after re-
ceiving a recommendation thereon from the joint committee on com-
puters and telecommunications: Provided further, That, prior to the ap-
proval by the state finance council of any such expenditure for such
purpose from the cosmetology fee fund, the proposed plan and proposed
expenditures for the new computer system, including computer software,
to replace the existing computer hardware and software shall be reviewed
by the joint committee on computers and telecommunications and the
joint committee on computers and telecommunications shall make a rec-
ommendation thereon to the state finance council.

Sec. 14.

KANSAS BOARD OF BARBERING (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 1998, by section 5(a) of chapter
123 of the 1997 Session Laws of Kansas on the barber examiner fee fund
is hereby increased from $103,212 to $107,862.

Sec. 15.

KANSAS GUARDIANSHIP PROGRAM (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Kansas guardianship program
For the fiscal year ending June 30, 1999

$26,482

(b) On July 1, 1998, the position limitation established for the fiscal
year ending June 30, 1999, by section 122(a) of 1998 Senate Bill No. 495
for the above agency is hereby increased from 12.0 to 13.0.

Sec. 16.

STATE FAIR BOARD (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1999

$375,000

Provided, That the industrial building shall have first priority in becoming compliant to ADA
and fire safety regulations.

Sec. 17.

KANSAS DEPARTMENT OF AGRICULTURE (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1999

$611,112

(b) On July 1, 1998, the expenditure limitation established by section
151(b) of 1998 Senate Bill No. 495 on the dairy division fee fund is hereby
increased from $110,142 to $115,142.

(c) On July 1, 1998, the expenditure limitation established by section
151(b) of 1998 Senate Bill No. 495 on the warehouse fee fund is hereby
increased from $591,962 to $601,962.

(d) On July 1, 1998, the expenditure limitation established by section
151(b) of 1998 Senate Bill No. 495 on the agricultural chemical fee fund
is hereby increased from $249,246 to $263,246.

(e) On July 1, 1998, the expenditure limitation established by section
151(b) of 1998 Senate Bill No. 495 on the feeding stuffs fee fund is hereby
increased from $512,813 to $533,617.

(f) On July 1, 1998, the expenditure limitation established by section
151(b) of 1998 Senate Bill No. 495 on the fertilizer fee fund is hereby
increased from $349,422 to $370,226.

(g) On July 1, 1998, the expenditure limitation established by section
151(b) of 1998 Senate Bill No. 495 on the pesticide use fee fund is hereby
increased from $444,021 to $469,021.

(h) On July 1, 1998, the expenditure limitation established by section
151(b) of 1998 Senate Bill No. 495 on the grade A milk fee fund is hereby
increased from $197,858 to $202,858.

(i) On the effective date of this act, the expenditure limitation estab-
lished by section 96(b) of chapter 123 of the 1997 Session Laws of Kansas
on the feeding stuffs fee fund is hereby decreased from $497,070 to
$496,036.

* Note: everything in this box has been line itemed vetoed.

(j) On the effective date of this act, the expenditure limitation estab-
lished by section 96(b) of chapter 123 of the 1997 Session Laws of Kansas
on the fertilizer fee fund is hereby decreased from $476,282 to $475,765.

(k) On the effective date of this act, the expenditure limitation estab-
lished by section 96(b) of chapter 123 of the 1997 Session Laws of Kansas
on the pesticide use fee fund is hereby decreased from $477,539 to
$475,472.

Sec. 18.

KANSAS WATER OFFICE (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1999

$159,030

Sec. 19.

STATE CONSERVATION COMMISSION (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1999

$68,310

(b) On July 1, 1998, the expenditure limitation established by section
155(b) of 1998 Senate Bill No. 495 on the water plan special revenue
fund is hereby increased from $9,633,250 to $9,713,250.

(c) In addition to the other purposes for which expenditures may be
made by the above agency from the water plan special revenue fund for
the fiscal year ending June 30, 1999, as authorized by section 155(c) of
1998 Senate Bill No. 495, expenditures may be made by the above agency
from the water plan special revenue fund for fiscal year 1999 for the
Kansas water quality buffer initiatives: Provided, That expenditures for
such purpose from the water plan special revenue fund for fiscal year
1999 shall not exceed $80,000: Provided further, That all expenditures
from the Kansas water quality buffer initiatives account shall be for grants
or incentives to install water quality best management practices in the
Kansas--lower Republican river basin under the governor's water quality
initiative: And provided further, That such expenditures may be made
from this account from the approved budget amount for fiscal year 1999
in accordance with contracts, which are hereby authorized to be entered
into by the executive director of the state conservation commission on
behalf of the commission, for such grants or incentives: And provided
further, That such contracts may provide for such expenditures from the
approved budget amount for fiscal year 1999 to be made pursuant to
encumbrances for expenditures after June 30, 1999: Provided, however,
That expenditures from this account for contractual educational and tech-
nical assistance for fiscal year 1999 shall not exceed $30,000.

Sec. 20.

JUVENILE JUSTICE AUTHORITY (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures For the fiscal year ending June 30, 1999	$3,160,500
Management information systems For the fiscal year ending June 30, 1999	$2,459,393

(b) No expenditures shall be made from any moneys appropriated for
the above agency for the purpose of juvenile accountability and incentive
grants, except after review by the joint committee on corrections and
juvenile justice oversight of a plan for distributing juvenile accountability
and incentive grants.

(c) On July 1, 1998, of the $2,500,000 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 146(a) of 1998
Senate Bill No. 495 from the state general fund in the community initia-
tives account, the sum of $1,875,000 is hereby lapsed.

(d) On July 1, 1998, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $1,875,000 from the
state general fund to the Kansas endowment for youth trust fund of the
juvenile justice authority.

(e) In addition to the other purposes for which expenditures may be
made by the above agency from the Kansas endowment for youth trust
fund for the fiscal year ending June 30, 1999, as authorized by section
146(b) of 1998 Senate Bill No. 495, expenditures may be made from the
Kansas endowment for youth trust fund for fiscal year 1999 for the pur-
pose of funding grants for prevention and early intervention programs,
including a Kansas mentoring initiative program.

(f) On July 1, 1998, the position limitation established by section 150
of 1998 Senate Bill No. 495 for the above agency is hereby increased
from 590.0 to 593.0.

Sec. 21.

KANSAS DENTAL BOARD (a) On the effective date of this act, the expenditure limitation estab-
lished for the fiscal year ending June 30, 1998, by section 24(a) of 1998
Senate Bill No. 495 on the dental board fee fund is hereby increased from
$225,848 to $255,848.

(b) On July 1, 1998, the expenditure limitation established for the
fiscal year ending June 30, 1999, by section 71(a) of 1998 Senate Bill No.
495 on the dental board fee fund is hereby increased from $219,707 to
$222,937.

Sec. 22.

STATE BOARD OF HEALING ARTS (a) On July 1, 1998, the expenditure limitation established for the
fiscal year ending June 30, 1999, by section 68(a) of 1998 Senate Bill No.
495 on the healing arts fee fund is hereby increased from $1,679,884 to
$1,682,384.

Sec. 23.

KANSAS COMMISSION ON GOVERNMENTAL STANDARDS AND CONDUCT (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures For the fiscal year ending June 30, 1998	$5,660
For the fiscal year ending June 30, 1999	$13,000

Sec. 24.

DEPARTMENT OF REVENUE--HOMESTEAD PROPERTY TAX REFUNDS (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Homestead tax refunds
For the fiscal year ending June 30, 1998

$1,800,000

Provided, That any unencumbered balance in the homestead tax refunds account in excess
of $100 as of June 30, 1998, is hereby reappropriated for fiscal year 1999.

Sec. 25.

KANSAS COMMISSION ON VETERANS AFFAIRS (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures--Kansas veterans' home
For the fiscal year ending June 30, 1999

$530,512

Provided, That any unencumbered balance in the operating expenditures--Winfield vet-
erans' home account in excess of $100 as of June 30, 1998, is hereby reappropriated to the
operating expenditures--Kansas veterans' home account for fiscal year 1999.

(b) There is appropriated for the above agency from the state insti-
tutions building fund for the fiscal year or years specified, the following:

Sewer upgrade on state campus at Winfield
For the fiscal year ending June 30, 1998

$1,080,000

(c) On July 1, 1998, of the $1,543,362 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 116(a) of 1998
Senate Bill No. 495 from the state general fund in the operating expend-
itures--veterans affairs account, the sum of $25,170 is hereby lapsed.

(d) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal year or years specified, all
moneys now or hereafter lawfully credited to and available in such fund
or funds, except that expenditures other than refunds authorized by law
shall not exceed the following:

Veterans home federal construction grant fund
For the fiscal year ending June 30, 1998

$10,641,400

Provided, That all moneys received by the above agency as federal grants for the purposes
of construction and remodeling at the Kansas veterans' home, which grants are hereby
authorized to be applied for and received by the above agency, shall be deposited in the
state treasury to the credit of the veterans home federal construction grant fund.

(e) Notwithstanding the provisions of this or any other appropriation
act of the 1997 or 1998 regular session of the legislature, expenditures
for the Wichita annex to the Kansas veterans' home from moneys appro-
priated from the state general fund or from any special revenue fund for
the Kansas commission on veterans affairs for fiscal year 1998 or fiscal
year 1999 and designated for construction of the Kansas veterans' home
shall not exceed $12,000 except upon approval of the state finance council
acting on this matter which is hereby characterized as a matter of legis-
lative delegation and subject to the guidelines prescribed by subsection
(c) of K.S.A. 75-3711c and amendments thereto.

(f) On July 1, 1998, the position limitation established by section 119
of 1998 Senate Bill No. 495 for the Kansas commission on veterans affairs
is hereby increased from 186.8 to 227.8.

Sec. 26.

DEPARTMENT OF HUMAN RESOURCES (a) On July 1, 1998, the expenditure limitation established by section
115(b) of 1998 Senate Bill No. 495 on the workmen's compensation fee
fund is hereby increased from $7,713,852 to $7,762,202.

Sec. 27.

KANSAS SENTENCING COMMISSION (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1999

$298,933

Sec. 28.

KANSAS HIGHWAY PATROL (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures For the fiscal year ending June 30, 1998	$12,338
For the fiscal year ending June 30, 1999	$1,092,074

(b) On the effective date of this act, the expenditure limitation estab-
lished by section 85(b) of chapter 123 of the 1997 Session Laws of Kansas
on the capitol area security fund is hereby increased from $1,084,834 to
No limit.

(c) On the effective date of this act, the director of accounts and
reports shall transfer $111,804 from the state highway fund of the de-
partment of transportation to the motor carrier safety assistance program
fund of the Kansas highway patrol.

(d) On July 1, 1998, the director of accounts and reports shall transfer
$1,179,156 from the state highway fund of the department of transpor-
tation to the motor carrier safety assistance program fund of the Kansas
highway patrol.

(e) On July 1, 1998, the position limitation established by section 150
of 1998 Senate Bill No. 495 for the above agency is hereby increased
from 780.8 to 788.8.

(f) On July 1, 1998, the expenditure limitation established by section
144(b) of 1998 Senate Bill No. 495 on the vehicle identification number
fee fund is hereby increased from $1,614,517 to No limit.

(g) During the fiscal year ending June 30, 1999, any full-time and
regular part-time positions of the Kansas highway patrol that are for cap-
itol area police officers that are assigned to security for state-owned prop-
erties located in Shawnee county under contracts with other state agen-
cies shall be in addition to any limitation on the number of full-time and
regular part-time positions equated to full-time, excluding seasonal and
temporary positions, paid from appropriations for the Kansas highway
patrol for fiscal year 1999, made in this or other appropriation act of the
1998 regular session of the legislature: Provided, That the Kansas highway
patrol shall prepare and submit a report on all such positions assigned to
provide security under such contracts to the legislative budget committee
prior to the 1999 regular session of the legislature.

Sec. 29.

ADJUTANT GENERAL (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1998

$8,100

(b) On July 1, 1998, the position limitation established by section 150
of 1998 Senate Bill No. 495 for the above agency is hereby decreased
from 226.0 to 225.0.

Sec. 30.

STATE FIRE MARSHAL (a) On the effective date of this act, the expenditure limitation estab-
lished by section 43(a) of 1998 Senate Bill No. 495 on the fire marshal
fee fund is hereby increased from $2,236,734 to $2,257,241.

Sec. 31.

DEPARTMENT OF WILDLIFE AND PARKS (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1998

$60,000

(b) On July 1, 1998, the expenditure limitation established by section
157(b) of 1998 Senate Bill No. 495 on the wildlife fee fund is hereby
increased from $19,835,822 to $19,868,222.

(c) On June 30, 1998, the director of accounts and reports shall trans-
fer the amount which is equal to the amount of the unused expenditure
authority of the migratory waterfowl propagation and protection fund for
fiscal year 1998 from the unencumbered balance in the migratory water-
fowl propagation and protection fund, which is not credited to any sep-
arate account of the migratory waterfowl propagation and protection
fund, to the wetlands acquisition account of the migratory waterfowl
propagation and protection fund, which is hereby created. As used in this
subsection, unused expenditure authority of the migratory waterfowl
propagation and protection fund for fiscal year 1998 means the amount
equal to the moneys that (1) were authorized to be expended from the
migratory waterfowl propagation and protection fund during the fiscal
year ending June 30, 1998, (2) were not credited to any separate account
of the migratory waterfowl propagation and protection fund, (3) were
subject to the expenditure limitation imposed on the migratory waterfowl
propagation and protection fund for fiscal year 1998, and (4) were not
expended from the migratory waterfowl propagation and protection fund
for fiscal year 1998.

(d) In addition to the other purposes for which expenditures may be
made by the Kansas department of wildlife and parks from any moneys
appropriated from the state general fund or from any special revenue
fund for the fiscal year ending June 30, 1999, as authorized by this or
other appropriation act of the 1998 regular session of the legislature, the
Kansas department of wildlife and parks may make expenditures for fiscal
year 1999 for the purposes of and is hereby authorized, on behalf of the
state of Kansas, to provide to the U.S. Bureau of reclamation a letter of
agreement committing the state of Kansas to provide moneys equal to a
maximum of 15% of the total cost, from the funding source identified in
the following proviso, to repair and restore the structural integrity of the
dam at the Cedar Bluff reservoir and the portion of state highway K-147
located on the dam and providing that the state of Kansas will provide
the required funding within 12 months of initiation of repairs at the Cedar
Bluff reservoir dam: Provided, That, with respect to this repair project,
the Kansas department of transportation is hereby authorized and di-
rected to plan for such repair project and to prepare and submit budget
estimates to provide funding from the state highway fund for such repair
project and to enter into appropriate contracts to repair and restore the
integrity of the Cedar Bluff reservoir dam and state highway K-147: Pro-
vided, however, That the amount of funding from the state highway fund
for these purposes shall be determined by an appropriation act enacted
by the legislature during the 1999 regular session.

(e) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal year or years specified, all
moneys now or hereafter lawfully credited to and available in such fund
or funds, except that expenditures other than refunds authorized by law
shall not exceed the following:

EDIF--local government outdoor recreation grants
For the fiscal year ending June 30, 1999

$500,000

(f) On July 15, 1998, or as soon thereafter as moneys are available,
the director of accounts and reports shall transfer $500,000 from the
Kansas economic development endowment account of the state economic
development initiatives fund of the department of commerce and housing
to the EDIF--local government outdoor recreation grants fund of the
department of wildlife and parks.

Sec. 32.

STATE BOARD OF REGENTS (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Ethnic minority scholarship program
For the fiscal year ending June 30, 1999

$35,000

(b) In addition to the other purposes for which expenditures may be
made by the above agency from the vocational scholarships account of
the state general fund for the fiscal year ending June 30, 1999, as au-
thorized by section 139(a) of 1998 Senate Bill No. 495, expenditures may
be made by the above agency from the vocational scholarships account
of the state general fund for fiscal year 1999 for the award of vocational
scholarships for the 1998-99 school year to those applicants who exhibit
the greatest ability and aptitude for vocational education, subject only to
the availability of appropriations therefor and notwithstanding any limi-
tations or other provisions of K.S.A. 72-4461 and amendments thereto to
the contrary.

Sec. 33.

FORT HAYS STATE UNIVERSITY (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures (including official hospitality) For the fiscal year ending June 30, 1998	$9,855
For the fiscal year ending June 30, 1999	$90,821

(b) On the effective date of this act, the expenditure limitation estab-
lished by section 21(c) of chapter 192 of the 1997 Session Laws of Kansas
on the general fees fund is hereby decreased from $7,677,731 to
$7,667,876.

(c) On July 1, 1998, the expenditure limitation established by section
130(b) of 1998 Senate Bill No. 495 on the general fees fund is hereby
decreased from $8,020,642 to $7,995,549.

Sec. 34.

EMPORIA STATE UNIVERSITY (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures (including official hospitality) For the fiscal year ending June 30, 1998	$491
For the fiscal year ending June 30, 1999	$4,731

(b) On the effective date of this act, the expenditure limitation estab-
lished by section 20(c) of chapter 192 of the 1997 Session Laws of Kansas
on the general fees fund is hereby decreased from $7,916,410 to
$7,915,919.

(c) On July 1, 1998, the expenditure limitation established by section
134(b) of 1998 Senate Bill No. 495 on the general fees fund is hereby
increased from $8,210,994 to $8,213,430.

(d) On July 1, 1998, of the $27,609,624 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 134(a) of 1998
Senate Bill No. 495 from the state general fund in the operating expend-
itures (including official hospitality) account, the sum of $2,436 is hereby
lapsed.

Sec. 35.

PITTSBURG STATE UNIVERSITY (a) On July 1, 1998, of the $30,326,884 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 135(a) of 1998
Senate Bill No. 495 from the state general fund in the operating expend-
itures (including official hospitality) account, the sum of $124,777 is
hereby lapsed.

(b) On July 1, 1998, the expenditure limitation established by section
135(b) of 1998 Senate Bill No. 495 on the general fees fund is hereby
increased from $9,965,170 to $10,033,845.

(c) During the fiscal years ending June 30, 1998, and June 30, 1999,
Pittsburg state university is hereby authorized to make expenditures to
raze two buildings numbered 38500-00080 and 38500-00270 at the uni-
versity.

Sec. 36.

UNIVERSITY OF KANSAS (a) In addition to the other purposes for which expenditures may be
made by the above agency from the sponsored research overhead fund
for the fiscal year ending June 30, 1999, expenditures may be made by
the above agency from the sponsored research overhead fund for the
following capital improvement project or projects, subject to the expend-
iture limitations prescribed therefor:

Remodel for energy-balance laboratory

No limit

(b) On July 1, 1998, of the $118,234,732 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 136(a) of 1998
Senate Bill No. 495 from the state general fund in the operating expend-
itures (including official hospitality) account, the sum of $83,148 is hereby
lapsed.

(c) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal year or years specified, all
moneys now or hereafter lawfully credited to and available in such fund
or funds, except that expenditures other than refunds authorized by law
shall not exceed the following:

Ellsworth hall renovation fund
For the fiscal year ending June 30, 1999

No limit

Provided, That the university of Kansas may make expenditures from the Ellsworth hall
renovation fund for the project to renovate Ellsworth hall in addition to the expenditure of
other moneys appropriated therefor: Provided, however, That expenditures from this fund
for such capital improvement project shall not exceed $10,500,000 plus all amounts required
for costs of any such bond issuance, cost of interest on any bonds issued or obtained for
such capital improvement projects and any required reserves for payment of principal and
interest on any bond: Provided further, That such capital improvement project is hereby
approved for the university of Kansas for the purposes of subsection (b) of K.S.A. 74-8905
and amendments thereto and the authorization of the issuance of bonds by the Kansas
development finance authority in accordance with that statute: And provided further, That
all moneys received from the issuance of any such bonds shall be deposited in the state
treasury to the credit of this fund.

(d) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Integrated library system
For the fiscal year ending June 30, 1999

$130,000

Provided, That no expenditures shall be made from the integrated library system account
until the chancellor of the university of Kansas certifies to the director of accounts and
reports that a refund has been deposited in the state general fund: Provided further, That
expenditures from this account shall not exceed the amount of the refund.

Sec. 37.

WICHITA STATE UNIVERSITY (a) During the fiscal year ending June 30, 1999, Wichita state uni-
versity is hereby authorized to make expenditures to raze building #12.

(b) On July 1, 1998, of the $59,726,216 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 138(a) of 1998
Senate Bill No. 495 from the state general fund in the operating expend-
itures (including official hospitality) account, the sum of $17,016 is hereby
lapsed.

Sec. 38.

KANSAS STATE UNIVERSITY VETERINARY MEDICAL CENTER (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures (including official hospitality)
For the fiscal year ending June 30, 1998

$12,228

(b) On the effective date of this act, the expenditure limitation estab-
lished by section 34(a) of 1998 Senate Bill No. 495 on the general fees
fund is hereby decreased from $4,615,500 to $4,603,272.

(c) On July 1, 1998, of the $9,309,505 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 133(a) of 1998
Senate Bill No. 495 from the state general fund in the operating expend-
itures (including official hospitality) account, the sum of $1,838 is hereby
lapsed.

(d) On July 1, 1998, the expenditure limitation established by section
133(b) of 1998 Senate Bill No. 495 on the general fees fund is hereby
decreased from $4,847,749 to $4,811,757.

(e) On July 1, 1998, the expenditure limitation established by section
133(b) of 1998 Senate Bill No. 495 on the hospital and diagnostic labo-
ratory revenue fund is hereby increased from $1,452,739 to $1,490,569.

Sec. 39.

KANSAS STATE UNIVERSITY EXTENSION SYSTEMS AND AGRICULTURE RESEARCH PROGRAMS (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Agricultural experiment stations (including official hospitality)
For the fiscal year ending June 30, 1999

$240,090

Sec. 40.

STATE HISTORICAL SOCIETY (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures For the fiscal year ending June 30, 1999	$2,156
Construct storage bay #3 For the fiscal year ending June 30, 1999	$1,900,000

Sec. 41.

UNIVERSITY OF KANSAS MEDICAL CENTER (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures (including official hospitality) For the fiscal year ending June 30, 1998	$54,329
For the fiscal year ending June 30, 1999	$102,775

(b) On July 1, 1998, the expenditure limitation established by section
183(a) of 1998 Senate Bill No. 495 on the expenditures from the construct
and equip research support facility fund for the capital improvement pro-
ject to construct an addition to the research support facility is hereby
increased from $3,250,000 to $4,740,000.

(c) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal year or years specified, all
moneys now or hereafter lawfully credited to and available in such fund
or funds, except that expenditures other than refunds authorized by law
shall not exceed the following:

Services to hospital authority fund For the fiscal year ending June 30, 1999	No limit
Direct medical education reimbursement fund For the fiscal year ending June 30, 1999	$2,428,197
Construct and equip center for health in aging--gift and grant fund For the fiscal year ending June 30, 1999	No limit
Construct and equip addition to research support facility--gift and grant fund For the fiscal year ending June 30, 1999	No limit

Sec. 42.

DEPARTMENT OF ADMINISTRATION (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Facilities Management For the fiscal year ending June 30, 1998	$50,000
Long-term care ombudsman For the fiscal year ending June 30, 1999	$102,108
Memorial hall debt service For the fiscal year ending June 30, 1999	$219,201
Performance review board For the fiscal year ending June 30, 1999	$40,000
Statehouse historic structures report For the fiscal year ending June 30, 1999	$200,000

(b) On July 1, 1998, the expenditure limitation established by section
104(b) of 1998 Senate Bill No. 495 on the salaries and wages and other
operating expenditures account of the cafeteria benefits fund is hereby
increased from $956,633 to $1,117,897.

(c) On July 1, 1998, the position limitation established by section 105
of 1998 Senate Bill No. 495 for the department of administration is
hereby increased from 855.9 to 857.4.

(d) In addition to the other purposes for which expenditures may be
made by the above agency from the state buildings depreciation fund for
fiscal year 1999, as authorized by subsection (e) or (f) of section 174 of
1998 Senate Bill No. 495, expenditures may be made by the above agency
from the following capital improvement account or accounts of the state
buildings depreciation fund during fiscal year 1999 for the following cap-
ital improvement project or projects, subject to the expenditure limita-
tions prescribed therefor:

Memorial & Landon steam tunnel and walkway planning andconstruction

$40,000

Provided, That all expenditures from each such capital improvement account shall be in
addition to any expenditure limitation imposed on the state buildings depreciation fund for
fiscal year 1999.

(e) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal year or years specified, all
moneys now or hereafter lawfully credited to and available in such fund
or funds, except that expenditures other than refunds authorized by law
shall not exceed the following:

Performance review clearing fund
For the fiscal year ending June 30, 1999

No limit

Provided, That the executive director of the performance review board is hereby authorized
to fix, charge and collect amounts from state agencies to recover all or part of the costs of
analyses of governmental functions conducted at the request of such state agencies in ac-
cordance with K.S.A. 75-7140 and amendments thereto: Provided further, That all such
amounts received for such analyses shall be credited to the performance review clearing
fund: And provided further, That such amounts are hereby authorized to be paid by such
state agencies from one or more appropriate special revenue funds of the state agencies
that are the subject of the analyses: And provided further, That all such expenditures from
such special revenue funds shall be in addition to any expenditure limitations imposed on
such funds.

Older Americans act long term care ombudsman federal fund For the fiscal year ending June 30, 1998	No limit
For the fiscal year ending June 30, 1999	No limit
Long term care ombudsman gift and grant fund For the fiscal year ending June 30, 1998	No limit
For the fiscal year ending June 30, 1999	No limit
Memorial hall renovation fund For the fiscal year ending June 30, 1999	No limit

Provided, That the department of administration may make expenditures from the Memorial
hall renovation fund for the capital improvement project to renovate and equip Memorial
hall in an amount of not more than the total of $5,420,000, plus all amounts required for
the cost of bond issuance, the cost of interest on the bonds during the construction of the
project and the required reserves for the payment of principal and interest on the bonds:
Provided further, That such capital improvement project is hereby approved for the de-
partment of administration for the purposes of subsection (b) of K.S.A. 74-8905 and amend-
ments thereto and the authorization of the issuance of bonds by the Kansas development
finance authority in accordance with that statute: And provided further, That all moneys
received from the issuance of any bonds shall be deposited in the state treasury to the credit
of this fund: And provided further, That such capital improvement project to renovate and
equip Memorial hall is exempt from the provisions of K.S.A. 75-2724 and amendments
thereto.

Microwave interconnection fund
For the fiscal year ending June 30, 1999

$116,800

Provided, That upon the approval of the Kansas public broadcasting council, expenditures
may be made from the microwave interconnection fund for grants to provide a microwave
interconnection between KPTS in Wichita, KTWU in Topeka, the Kansas statehouse, and
Smoky Hills public television in Bunker Hill.

(f) In addition to the purposes for which expenditures may be made
by the above agency from the Topeka state hospital transition fund for
the fiscal year ending June 30, 1999, as authorized by section 104(b) of
1998 Senate Bill No. 495, expenditures may be made by the above agency
from the Topeka state hospital transition fund for fiscal year 1999, for the
following: (1) Consultant services relating to the sale or other disposition
of the Topeka state hospital property; and (2) operating expenditures for
the operation and maintenance of the Topeka state hospital property,
including any expenses for operating heating plants and other facilities
and for the security, repair, and capital improvements for the Topeka
state hospital property: Provided, That expenditures shall be made from
this fund to provide adequate security for the Topeka state hospital prop-
erty: Provided further, That, notwithstanding the provisions of K.S.A. 75-
3307 and 75-3316 and amendments thereto, the secretary of administra-
tion is hereby given temporary custody and control of the Topeka state
hospital property and is given authority for the following: (1) permitting
the use of the Topeka state hospital property by state agencies or others;
(2) entering into agreements with such state agencies or others for their
use of the property; and (3) fixing and altering charges for use of the
Topeka state hospital property in such amounts as the secretary of ad-
ministration determines to be beneficial or necessary: And provided fur-
ther, That such fees shall be fixed in order to recover all or part of such
operating expenses: And provided further, That, notwithstanding the pro-
visions of K.S.A. 75-3316 and amendments thereto, all moneys received
for such charges or fees shall be deposited in the state treasury to the
credit of this fund: Provided, however, That, if the Topeka state hospital
property is disposed of in some manner that conveys title to the property,
the governor may authorize and direct the transfer of any portion of the
funds appropriated for the above agency for fiscal year 1999 by this or
other appropriation act of the 1998 regular session of the legislature,
which are available for the maintenance or operations of the Topeka state
hospital property, to the Topeka correctional facility general fees fund as
necessary for the department of corrections to maintain its operations on
the premises of the Topeka state hospital property: And provided further,
That in addition to the other purposes for which expenditures may be
made by the above agency from moneys appropriated for the fiscal year
ending June 30, 1999, as authorized by this or any other appropriation
act of the 1998 regular session of the legislature or by any appropriation
act of the 1999 regular session of the legislature, expenditures may be
made by the above agency from the moneys appropriated for fiscal year
1999 for operating expenditures for the operation and maintenance of
the Topeka state hospital property, including any expenses for operating
heating plants and other facilities and for the security and repair of the
Topeka state hospital property: And provided further, That all expendi-
tures from any such special revenue fund for such purposes shall be in
addition to any expenditure limitation imposed on such special revenue
fund for fiscal year 1999: And provided further, That in addition to the
other purposes for which expenditures may be made by the above agency
from moneys appropriated for the fiscal year ending June 30, 1999, as
authorized by this or any other appropriation act of the 1998 regular
session of the legislature, expenditures may be made by the above agency
from the moneys appropriated for fiscal year 1999 for expenditures for a
total of eight additional full-time and regular part-time positions equated
to full-time: And provided further, That the eight full-time equivalent
positions shall be in addition to the number of full-time and regular part-
time positions equated to full-time, excluding seasonal and temporary
positions, authorized for the above agency under this or other appropri-
ation act of the 1998 regular session of the legislature: Provided, however,
That if the Topeka state hospital property is disposed of in some manner
that conveys title to the property, the governor may direct the transfer of
any portion of the positions provided for in this subsection to the de-
partment of corrections as necessary for the department of corrections to
maintain its operations on the premises of the Topeka state hospital prop-
erty: And provided further, That any employee who was transferred dur-
ing the fiscal year ending June 30, 1998, from the Topeka state hospital
to the department of administration upon assumption of temporary cus-
tody and control of Topeka state hospital property by the secretary of
administration, and who is subsequently laid off from the department of
administration or the department of corrections due to disposition of the
Topeka state hospital property, shall be provided with the same rights
and benefits available to employees of Topeka state hospital who were
laid off upon closure of Topeka state hospital: And provided further, That
any expenditures for such rights and benefits shall be funded and paid in
the same manner as prescribed by law for other employees of Topeka
state hospital who were laid off upon closure of Topeka state hospital:
And provided further, That in addition to the other purposes for which
expenditures may be made by the above agency from moneys appropri-
ated for the fiscal year ending June 30, 1998, as authorized by this or
other appropriation act of the 1998 regular session of the legislature, and
for the fiscal year ending June 30, 1999, as authorized by this or any other
appropriation act of the 1998 regular session of the legislature, expendi-
tures may be made by the above agency for (1) expenses related to the
review and consideration of proposals and other matters relating to the
potential disposition of the Topeka state hospital property, as defined by
this subsection, including, but not limited to, expenditures for members
of the legislature who are members of any advisory committee which is
hereby authorized to be established for such purposes by the secretary
of administration, for per diem compensation, subsistence allowances,
mileage and other expenses as provided in K.S.A. 75-3212 or 75-3223 and
amendments thereto for attending meetings of such advisory committee,
or attending a subcommittee meeting thereof authorized by such advisory
committee, and (2) any expenses relating to any sale of any Topeka state
hospital property, as defined by this section: And provided further, That
expenditures may be made by a state agency for the expenses of the sale,
exchange, or other disposition conveying title for any portion or all of the
Topeka state hospital property: And provided further, That these ex-
penditures may be made only upon specific authorization by the state
finance council acting on this matter, which is hereby characterized as a
matter of legislative delegation and subject to the guidelines prescribed
in subsection (c) of K.S.A. 75-3711c and amendments thereto, and such
portion or all of Topeka state hospital property may be sold, exchanged
or otherwise conveyed or disposed of by the state agency in accordance
with such authorization by the state finance council: And provided fur-
ther, That the net proceeds from the sale of any Topeka state hospital
property shall be deposited in the state treasury to the credit of the To-
peka state hospital transition fund of the department of administration:
And provided further, That any property transferred to the city of Topeka
pursuant to this section shall be exempt from ad valorem taxation so long
as such property is owned by the city of Topeka and not leased to any
person or entity that is not exempt from payment of ad valorem taxation:
And provided further, That, as used in this section, ``Topeka state hospital
property'' means all state-owned land and improvements in the city of
Topeka, KS, which is in the area bounded by west sixth street on the
south, MacVicar Avenue on the east, Interstate 70 on the north and Oak-
ley Avenue on the west, including the adjacent state-owned land west of
Oakley Avenue, excluding state printing plant land designated by the sec-
retary of administration.

(g) On July 1, 1998, of the $3,089,554 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 104(a) of 1998
Senate Bill No. 495 from the state general fund in the personnel services
account, the sum of $31,259 is hereby lapsed.

(h) On July 1, 1998, the expenditure limitation established for the
fiscal year ending June 30, 1999, by section 104(a) of 1998 Senate Bill
No. 495 on the reappropriated balance in the performance review board
account of the state general fund is hereby increased from $37,161 to No
limit.

(i) On July 1, 1998, of the $2,366,051 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 104(a) of 1998
Senate Bill No. 495 from the state general fund in the facilities manage-
ment account, the sum of $11,570 is hereby lapsed.

(j) On July 1, 1998, the expenditure limitation established by section
104(b) of 1998 Senate Bill No. 495 on the architectural services recovery
fund is hereby decreased from $1,226,734 to $1,176,173.

(k) On July 15, 1998, or as soon after such date as moneys are avail-
able, the director of accounts and reports shall transfer $116,800 from
the Kansas economic development endowment account of the state ec-
onomic development initiatives fund of the department of commerce and
housing to the microwave interconnection fund of the department of
administration.

Sec. 43.

ATTORNEY GENERAL--KANSAS BUREAU OF INVESTIGATION (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1999

$288,257

Provided, That expenditures may be made from the operating expenditures account for
renovations to Shirk Hall at Pittsburg State University.

(b) On July 1, 1998, the position limitation established by section 150
of 1998 Senate Bill No. 495 for the attorney general--Kansas bureau of
investigation is hereby increased from 193.5 to 194.5.

Sec. 44.

DEPARTMENT OF REVENUE (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1999

$789,158

(b) There is appropriated for the above agency from the following
special revenue fund or funds for the fiscal year or years specified, all
moneys now or hereafter lawfully credited to and available in such fund
or funds, except that expenditures other than refunds authorized by law
shall not exceed the following:

Repossessed certificates of title fee fund
For the fiscal year ending June 30, 1999

No limit

(c) On July 1, 1998, the position limitation established by section
113(a) of chapter 46 of the 1997 Session Laws of Kansas for the above
agency is hereby increased from 1,179.5 to 1,185.5.

(d) On July 1, 1998, the expenditure limitation established by section
107(b) of 1998 Senate Bill No. 495 on the division of vehicles operating
fund is hereby increased from $30,374,330 to $30,402,477.

(e) On July 1, 1998, the expenditure limitation established by section
107(b) of 1998 Senate Bill No. 495 on the salaries and wages account of
the division of vehicles operating fund is hereby increased from
$16,914,375 to $16,942,522.

(f) During each month of the fiscal year ending June 30, 1999, the
secretary of revenue shall determine the number of hours and cost of
additional computer programming during the preceding month that are
attributable to the changes in the law enacted by 1998 Senate Bill No.
493 and shall certify and report such number of hours in writing to the
director of the budget, the director of the legislative research department,
the chair and ranking minority member of the senate committee on ways
and means, and the chair and ranking minority member of the house of
representatives committee on appropriations: Provided, That such infor-
mation shall be also reported each calendar quarter to the joint committee
on computers and telecommunications.

Sec. 45.

DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Mental health and retardation services aid and assistance and state institutions operations
For the fiscal year ending June 30, 1998[cm$3,304,198[cm

Provided, That expenditures shall be made from the mental health and retardation services
aid and assistance and state institutions operations account by the secretary of social and
rehabilitation services to adjust the reimbursement rates for the HCBS/MR waiver: Provided
further, That in adjusting such rates, the secretary shall seek input from providers, consum-
ers and stakeholders, including discussions and input concerning direct care staff salaries
and benefits: And provided further, That expenditures from this account for such purpose
shall not exceed $1,400,000.

Community based services For the fiscal year ending June 30, 1998	$2,025,000
For the fiscal year ending June 30, 1999	$2,255,000
Youth services aid and assistance For the fiscal year ending June 30, 1998	$1,218,000
Other medical assistance For the fiscal year ending June 30, 1999	$36,400
Sex predator program For the fiscal year ending June 30, 1999	$273,934
State operations For the fiscal year ending June 30, 1999	$557,142
Childrens health insurance For the fiscal year ending June 30, 1999	$12,000,000

Energy assistance block grant federal fund For the fiscal year ending June 30, 1998	No limit
For the fiscal year ending June 30, 1999	No limit

(c) There is appropriated for the above agency from the state insti-
tutions building fund for the fiscal year or years specified, the following:

Sex predator new construction planning and remodeling
For the fiscal year ending June 30, 1999

$1,334,217

(d) On July 1, 1998, the position limitation established by section
122(a) of 1998 Senate Bill No. 495 for the department of social and re-
habilitation services is hereby increased from 4,159.0 to 4,182.0.

(e) On July 1, 1998, the expenditure limitation established by section
120(b) of 1998 Senate Bill No. 495 on the state operations account of the
social services clearing fund is hereby increased from $247,383,661 to
$248,572,117.

(f) On the effective date of this act, the expenditure limitation estab-
lished by section 61(b) of chapter 123 of the 1997 Session Laws of Kansas
on the title XIX fund is hereby increased from $53,974,305 to
$54,427,309.

(g) On the effective date of this act, of the $89,919,499 appropriated
for the above agency for the fiscal year ending June 30, 1998, by section
61(a) of chapter 123 of the 1997 Session Laws of Kansas from the state
general fund in the state operations account, the sum of $557,142 is
hereby lapsed.

(h) On July 1, 1998, of the $43,627,493 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 120(a) of 1998
Senate Bill No. 495 from the state general fund in the youth services aid
and assistance account, the sum of $873,000 is hereby lapsed.

(i) On July 1, 1998, the expenditure limitation established for the
fiscal year ending June 30, 1999, by section 120(b) of 1998 Senate Bill
No. 495 on the title XIX fund is hereby increased from $57,881,442 to
$58,293,744.

(j) On the effective date of this act, the expenditure limitation estab-
lished by section 30(m) of 1998 Senate Bill No. 495 on the Kansas neu-
rological institute--foster grandparents program--federal fund is hereby
increased from $270,000 to No limit.

(k) On July 1, 1998, the position limitation established by section
122(a) of 1998 Senate Bill No. 495 for the Larned state hospital is hereby
decreased from 771.6 to 768.6.

(l) On the effective date of this act, the expenditure limitation estab-
lished by section 30(l) of 1998 Senate Bill No. 495 on the state operations
account of the social services clearing fund is hereby increased from
$242,359,423 to $243,439,423.

Sec. 46.

DEPARTMENT ON AGING (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Administration For the fiscal year ending June 30, 1998	$550,000
For the fiscal year ending June 30, 1999	$1,817,892

(b) On July 1, 1998, of the $118,253,273 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 118(a) of 1998
Senate Bill No. 495 from the state general fund in the long term care
account, the sum of $3,419,535 is hereby lapsed.

(c) On the effective date of this act, of the $115,409,383 appropriated
for the above agency for the fiscal year ending June 30, 1998, by section
59(a) of chapter 123 of the 1997 Session Laws of Kansas from the state
general fund in the long term care account, the sum of $967,600 is hereby
lapsed.

(d) The amount authorized and directed by section 118(d) of 1998
Senate Bill No. 495 to be transferred on or before June 30, 1999, upon
certification by the secretary of aging as the unspent amount of funds
allocated for professional services in the office of the secretary, by the
director of accounts and reports from the administration account of the
state general fund to the program grants account of the state general fund
shall not exceed $300,000.

(e) On July 1, 1998, the position limitation established by section 119
of 1998 Senate Bill No. 495 for the above agency is hereby decreased
from 160.3 to 155.8.

Sec. 47.

LEGISLATURE (a) In addition to the other purposes for which expenditures may be
made by the above agency from the operations (including official hospi-
tality) account of the state general fund or from the legislative special
revenue fund for the fiscal year ending June 30, 1999, as authorized by
section 85 of 1998 Senate Bill No. 495, expenditures may be made by the
above agency for fiscal year 1999 from the operations (including official
hospitality) account of the state general fund or from the legislative special
revenue fund for fiscal year 1999, for payment of the amounts provided
by subsection (e) of K.S.A. 75-3223 and amendments thereto for mem-
bers of the KUSF working committee established by section 4 of 1998
House Substitute for Senate Bill No. 212 for those members of the KUSF
working committee who are legislators and those members of the KUSF
working committee who are described in paragraph (2) of subsection (b)
of section 4 of 1998 House Substitute for Senate Bill No. 212.

(b) During the fiscal year ending June 30, 1999, in addition to the
duties established in section 85(c) of 1998 Senate Bill No. 495, the SRS
transition oversight committee shall review and evaluate the mental
health system including consumer run organizations, community mental
health centers and mental health reform as it relates to nursing facilities
for mental health: Provided, That the SRS transition oversight committee
shall also review the salaries of non-state employee direct care staff.

Sec. 48.

LEGISLATIVE COORDINATING COUNCIL (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Legislative coordinating council--operations For the fiscal year ending June 30, 1999	$125,000
Legislative coordinating council--Kansas public employees retirementsystem defined contribution plan evaluation and study For the fiscal year ending June 30, 1999	$100,000
Legislative research department--operations For the fiscal year ending June 30, 1999	$25,000

Any unencumbered balance in excess of $100 as of June 30, 1998, in the following account
is hereby reappropriated for fiscal year 1999: Evaluation of closure of state hospitals.

* Note: everything in this box has been line itemed vetoed.

Sec. 49. (a) In accordance with appropriations for the fiscal year end-
ing June 30, 1999, by this or other appropriation act of the 1998 regular
session of the legislature:

(1) The governor is hereby authorized and directed to modify the pay
plan for fiscal year 1998 in accordance with this subsection (a)(1) and to
adopt such pay plan as so modified. The existing pay plan for fiscal year
1998 shall be modified to provide for an increase of 1.5% in the pay rates
of such pay plan. The pay plan adopted by the governor under this sub-
section (a)(1) shall be the pay plan for the classified service under the
Kansas civil service act and shall be effective on the first day of the first
biweekly payroll period which is chargeable to the fiscal year ending June
30, 1999. Such pay plan shall be subject to modification and approval as
provided under K.S.A. 75-2938 and amendments thereto and to any en-
actment of the legislature applicable thereto.

(2) (A) The governor is hereby authorized and directed to modify or
authorize the modification of the salaries of state officers and employees
who are in the unclassified service under the Kansas civil service act and
whose salaries are subject to approval by the governor under K.S.A. 75-
2935b or 75-2935c and amendments thereto to provide for base salary
increases, to be effective on the first day of the first payroll period which
is chargeable to the fiscal year ending on June 30, 1999, and to be dis-
tributed on a merit basis from a merit salary increase pool, the average
of such increases shall not exceed 4% of the base salaries of such officers
and employees.

(B) Each elected state official of the executive branch of state gov-
ernment, including the state board of education, and the Kansas tech-
nology enterprise corporation, Kansas, Inc., the state board of regents
and the board of trustees of the Kansas public employees retirement
system, in each such official or board's discretion, are hereby authorized
and directed to modify or to authorize the modification of the salaries of
the state officers and employees of such official or board, who are in the
unclassified service under the Kansas civil service act and whose salaries
are not subject to approval by the governor under K.S.A. 75-2935b and
amendments thereto, to provide for base salary increases to be effective
on the first day of the first payroll period which is chargeable to the fiscal
year ending June 30, 1999, and to be distributed on a merit basis from a
merit salary increase pool, the average of such increases shall not exceed
4% of the base salaries of such officers and employees of such official or
board. The provisions of this subsection (a)(2)(B) shall not authorize or
provide any salary increase for the governor, lieutenant governor, secre-
tary of state, state treasurer, commissioner of insurance, attorney general,
or to any member of any state board, commission, council or committee
receiving per diem compensation as provided by statute.

(b) On and after June 14, 1998, in addition to the other purposes for
which expenditures may be made by the governor's department from the
governor's department account of the state general fund for the fiscal
year ending June 30, 1999, expenditures shall be made by the governor's
department from the governor's department account of the state general
fund for fiscal year 1999 for an additional amount of biweekly compen-
sation for the governor equal to the amount required to provide, along
with the amount of biweekly compensation otherwise payable, an aggre-
gate amount of compensation of $3,409.22 per biweekly pay period: Pro-
vided, That expenditures for such purpose shall be made in the same
manner and at the same times that biweekly compensation is payable to
the governor for the biweekly pay periods which commence on or after
June 14, 1998, and which are chargeable to fiscal year 1999.

(c) On and after June 14, 1998, in addition to the other purposes for
which expenditures may be made by the lieutenant governor from the
operations account of the state general fund for the fiscal year ending
June 30, 1999, expenditures shall be made by the lieutenant governor
from the operations account of the state general fund for fiscal year 1999
for an additional amount of biweekly compensation for the lieutenant
governor equal to the amount required to provide, along with the amount
of biweekly compensation otherwise payable, an aggregate amount of
compensation of $964.29 per biweekly pay period: Provided, That ex-
penditures for such purpose shall be made in the same manner and at
the same times that biweekly compensation is payable to the lieutenant
governor for the biweekly pay periods which commence on or after June
14, 1998, and which are chargeable to fiscal year 1999.

(d) On and after June 14, 1998, in addition to the other purposes for
which expenditures may be made by the secretary of state from the op-
erating expenditures account of the state general fund for the fiscal year
ending June 30, 1999, expenditures shall be made by the secretary of
state from the operating expenditures account of the state general fund
for fiscal year 1999 for an additional amount of biweekly compensation
for the secretary of state equal to the amount required to provide, along
with the amount of biweekly compensation otherwise payable, an aggre-
gate amount of compensation of $2,648.45 per biweekly pay period: Pro-
vided, That expenditures for such purpose shall be made in the same
manner and at the same times that biweekly compensation is payable to
the secretary of state for the biweekly pay periods which commence on
or after June 14, 1998, and which are chargeable to fiscal year 1999.

(e) On and after June 14, 1998, in addition to the other purposes for
which expenditures may be made by the attorney general from the op-
erating expenditures account of the state general fund for the fiscal year
ending June 30, 1999, expenditures shall be made by the attorney general
from the operating expenditures account of the state general fund for
fiscal year 1999 for an additional amount of biweekly compensation for
the attorney general equal to the amount required to provide, along with
the amount of biweekly compensation otherwise payable, an aggregate
amount of compensation of $3,045.64 per biweekly pay period: Provided,
That expenditures for such purpose shall be made in the same manner
and at the same times that biweekly compensation is payable to the at-
torney general for the biweekly pay periods which commence on or after
June 14, 1998, and which are chargeable to fiscal year 1999.

(f) On and after June 14, 1998, in addition to the other purposes for
which expenditures may be made by the state treasurer from the oper-
ating expenditures account of the state general fund for the fiscal year
ending June 30, 1999, expenditures shall be made by the state treasurer
from the operating expenditures account of the state general fund for
fiscal year 1999 for an additional amount of biweekly compensation for
the state treasurer equal to the amount required to provide, along with
the amount of biweekly compensation otherwise payable, an aggregate
amount of compensation of $2,648.45 per biweekly pay period: Provided,
That expenditures for such purpose shall be made in the same manner
and at the same times that biweekly compensation is payable to the state
treasurer for the biweekly pay periods which commence on or after June
14, 1998, and which are chargeable to fiscal year 1999.

(g) On and after June 14, 1998, in addition to the other purposes for
which expenditures may be made by the insurance department from the
insurance department service regulation fund for the fiscal year ending
June 30, 1999, expenditures shall be made by the insurance department
from the insurance department service regulation fund for fiscal year
1999 for an additional amount of biweekly compensation for the com-
missioner of insurance equal to the amount required to provide, along
with the amount of biweekly compensation otherwise payable, an aggre-
gate amount of compensation of $2,648.45 per biweekly pay period: Pro-
vided, That expenditures for such purpose shall be made in the same
manner and at the same times that biweekly compensation is payable to
the commissioner of insurance for the biweekly pay periods which com-
mence on or after June 14, 1998, and which are chargeable to fiscal year
1999.

(h) (1) In addition to the other purposes for which expenditures may
be made by each state agency from appropriations made for the fiscal
year ending June 30, 1999, expenditures shall be made by each state
agency from the appropriations made for fiscal year 1999 for an additional
amount of per diem compensation equal to the amount required to pro-
vide, along with the amount of per diem compensation otherwise payable,
an aggregate amount of compensation of $72.06 per calendar day for each
member of a board for any calendar day occurring on or after June 14,
1998, for which per diem compensation is payable to such member of a
board under K.S.A. 75-3212 or 75-3223 and amendments thereto at the
rate prescribed by subsection (a) of K.S.A. 46-137a and amendments
thereto: Provided, That expenditures for such purpose shall be made in
the same manner and at the same times that per diem compensation is
payable to such member of a board for the biweekly pay periods for which
such per diem compensation for calendar days occurring on or after June
14, 1998, is payable and which are chargeable to fiscal year 1999.

(2) As used in this subsection (h), (A) ``state agency'' means any state
agency of the executive branch of state government (i) which has appro-
priations made for the fiscal year ending June 30, 1999, by 1998 Senate
Bill No. 495, this act or any other appropriation act of the 1998 regular
session of the legislature, and (ii) which is a board or which makes ex-
penditures for any board; and

(B) ``board'' means any board, commission, committee, task force,
panel or other body in the executive branch of state government, includ-
ing any advisory body, having one or more members who are entitled to
receive per diem compensation for attendance at meetings of such body,
or attendance at meetings authorized by such body of a subcommittee or
other subsidiary group of such body, as provided in K.S.A. 75-3212 or
75-3223 and amendments thereto at the rate prescribed by subsection (a)
of K.S.A. 46-137a and amendments thereto.

(i) In addition to the other purposes for which expenditures may be
made by the Kansas turnpike authority for the period commencing June
14, 1998, and ending June 30, 1999, expenditures shall be made by the
Kansas turnpike authority for such period for an additional amount of per
diem compensation equal to the amount required to provide, along with
the amount of per diem compensation otherwise payable, an aggregate
amount of compensation of $72.06 per calendar day for each member of
the Kansas turnpike authority for any calendar day occurring on or after
June 14, 1998, for which per diem compensation is payable to such mem-
ber under K.S.A. 68-2003 and amendments thereto who is entitled, in
accordance with K.S.A. 75-3223 and amendments thereto, to receive such
per diem compensation as provided in K.S.A. 75-3212 and amendments
thereto at the rate prescribed by subsection (a) of K.S.A. 46-137a and
amendments thereto: Provided, That expenditures for such purpose shall
be made in the same manner and at the same times that per diem com-
pensation is payable to such member of the Kansas turnpike authority for
the appropriate pay periods for which such per diem compensation for
calendar days occurring on or after June 14, 1998, and prior to July 1,
1999, is payable by the Kansas turnpike authority.

(j) In addition to the other purposes for which expenditures may be
made by the legislature from the operations (including official hospitality)
account of the state general fund for the fiscal year ending June 30, 1999,
expenditures shall be made by the legislature from the operations (in-
cluding official hospitality) account of the state general fund for fiscal year
1999 (1) for an additional amount of per diem compensation equal to the
amount required to provide, along with the amount of per diem com-
pensation otherwise payable, an aggregate amount of compensation of
$72.06 per calendar day for each member of the legislature for service at
the regular session or any special session of the legislature for any calendar
day occurring on or after June 14, 1998, and (2) for an additional amount
of per diem compensation equal to the amount required to provide, along
with the amount of per diem compensation otherwise payable, an aggre-
gate amount of compensation of $72.06 per calendar day for each mem-
ber of the legislature and for any other public officer or person for any
calendar day occurring on or after June 14, 1998, for which per diem
compensation is payable from appropriations for the legislature to such
member of the legislature, public officer or person under K.S.A. 75-3212
or 75-3223 and amendments thereto at the rate prescribed by subsection
(a) of K.S.A. 46-137a and amendments thereto: Provided, That expend-
itures for such purposes shall be made in the same manner and at the
same times that per diem compensation is payable to such members of
the legislature, public officials and persons for the biweekly pay periods
for which such per diem compensation for calendar days occurring on or
after June 14, 1998, is payable and which are chargeable to fiscal year
1999.

(k) On and after June 14, 1998, in addition to the other purposes for
which expenditures may be made by the legislature from the operations
(including official hospitality) account of the state general fund for the
fiscal year ending June 30, 1999, expenditures shall be made by the leg-
islature from the operations (including official hospitality) account of the
state general fund for fiscal year 1999 for an additional amount of bi-
weekly compensation for the following legislative officers equal to the
amount required to provide, along with the amount of biweekly compen-
sation otherwise payable, an aggregate amount of compensation per bi-
weekly pay period for such legislative officers as follows: (1) For the pres-
ident of the senate and the speaker of the house of representatives equal
to the amount required to provide an aggregate amount of $438.82 per
biweekly pay period for services performed in connection with discharg-
ing the duties assigned to the respective positions, (2) for the speaker pro
tem of the house of representatives, the vice president of the senate, the
assistant majority leaders of the senate and house of representatives, and
the assistant minority leaders of the senate and house of representatives
equal to the amount required to provide an aggregate amount of $223.97
per biweekly pay period for services performed in connection with dis-
charging the duties assigned to the respective positions, (3) for the chair-
person of the senate committee on ways and means and the chairperson
of the house of representatives committee on appropriations equal to the
amount required to provide an aggregate amount of $352.89 per biweekly
pay period for services performed in connection with discharging the
duties assigned to the respective positions, (4) for the majority leaders of
the senate and house of representatives equal to the amount required to
provide an aggregate amount of $395.89 per biweekly pay period for
services performed in connection with discharging the duties assigned to
the respective positions, and (5) the minority leaders of the senate and
house of representatives equal to the amount required to provide an ag-
gregate amount of $395.89 per biweekly pay period for services per-
formed in connection with discharging the duties assigned to the respec-
tive positions: Provided, That expenditures for such purpose shall be
made in the same manner and at the same times that biweekly compen-
sation is payable to such legislative officers under K.S.A. 46-137b and
amendments thereto for the biweekly pay periods which commence on
or after June 14, 1998, and which are chargeable to fiscal year 1999.

(l) In addition to the other purposes for which expenditures may be
made by the legislative coordinating council from the legislative coordi-
nating council--operations account of the state general fund for the fiscal
year ending June 30, 1999, expenditures shall be made by the legislative
coordinating council from the legislative coordinating council--opera-
tions account of the state general fund for fiscal year 1999 for an addi-
tional amount of per diem compensation equal to the amount required
to provide, along with the amount of per diem compensation otherwise
payable, an aggregate amount of compensation of $72.06 per calendar
day for each member of the legislative coordinating council for any cal-
endar day occurring on or after June 14, 1998, for which per diem com-
pensation is payable from appropriations for the legislative coordinating
council under K.S.A. 46-1209 and amendments thereto to such member
as provided in K.S.A. 75-3212 and amendments thereto at the rate pre-
scribed by subsection (a) of K.S.A. 46-137a and amendments thereto:
Provided, That expenditures for such purposes shall be made in the same
manner and at the same times that per diem compensation is payable to
such members of the legislative coordinating council for the biweekly pay
periods for which such per diem compensation is payable for calendar
days occurring on or after June 14, 1998, and which are chargeable to
fiscal year 1999.

(m) In addition to the other purposes for which expenditures may be
made by the division of post audit from the operations (including legis-
lative post audit committee) account of the state general fund for the
fiscal year ending June 30, 1999, expenditures shall be made by the di-
vision of post audit from the operations (including legislative post audit
committee) account of the state general fund for fiscal year 1999 (1) for
an additional amount of per diem compensation equal to the amount
required to provide, along with the amount of per diem compensation
otherwise payable, an aggregate amount of compensation of $72.06 per
calendar day for each member of the legislative post audit committee for
any calendar day occurring on or after June 14, 1998, for which per diem
compensation is payable from appropriations for the division of post audit
under K.S.A. 46-1104 and amendments thereto to such member as pro-
vided in K.S.A. 75-3212 and amendments thereto at the rate prescribed
by subsection (a) of K.S.A. 46-137a and amendments thereto, and (2) for
an additional amount of per diem compensation equal to the amount
required to provide, along with the amount of per diem compensation
otherwise payable, an aggregate amount of compensation of $72.06 per
calendar day for each member of the contract audit committee for any
calendar day occurring on or after June 14, 1998, for which per diem
compensation is payable from appropriations for the division of post audit
under K.S.A. 46-1120 and amendments thereto to such member as pro-
vided in K.S.A. 75-3223 and amendments thereto at the rate prescribed
by subsection (a) of K.S.A. 46-137a and amendments thereto: Provided,
That expenditures for such purposes shall be made in the same manner
and at the same times that per diem compensation is payable to such
members of the legislative post audit committee or contract audit com-
mittee for the biweekly pay periods for which such per diem compensa-
tion is payable for calendar days occurring on or after June 14, 1998, and
which are chargeable to fiscal year 1999.

(n) In addition to the other purposes for which expenditures may be
made by the judicial branch from the judiciary operations account of the
state general fund for the fiscal year ending June 30, 1999, expenditures
shall be made by the judicial branch from the judiciary operations account
of the state general fund for fiscal year 1999 (1) for an additional amount
of per diem compensation equal to the amount required to provide, along
with the amount of per diem compensation otherwise payable, an aggre-
gate amount of compensation of $72.06 per calendar day for each mem-
ber of the advisory council on dispute resolution for any calendar day
occurring on or after June 14, 1998, for which per diem compensation is
payable to such member of the advisory council on dispute resolution
under K.S.A. 5-505 and amendments thereto who is entitled, in accord-
ance with subsection (e) of K.S.A. 75-3223 and amendments thereto, to
receive such per diem compensation as provided in K.S.A. 75-3212 and
amendments thereto at the rate prescribed by subsection (a) of K.S.A.
46-137a and amendments thereto; and (2) for an additional amount of
per diem compensation equal to the amount required to provide, along
with the amount of per diem compensation otherwise payable, an aggre-
gate amount of compensation of $72.06 per calendar day for each retired
justice or judge who performs judicial service or duties under K.S.A.
20-2616 and amendments thereto for each calendar day occurring on or
after June 14, 1998, for which per diem compensation is payable to such
retired justice or judge under K.S.A. 20-2616 and amendments thereto:
Provided, That expenditures for such purposes shall be made in the same
manner and at the same times that per diem compensation is payable to
such members of the advisory council on dispute resolution or to such
retired justices or judges for the biweekly pay periods for which such per
diem compensation for calendar days occurring on or after June 14, 1998,
is payable and which are chargeable to fiscal year 1999.

(o) In addition to the other purposes for which expenditures may be
made by the judicial council from the operating expenditures account of
the state general fund for the fiscal year ending June 30, 1999, expendi-
tures shall be made by the judicial council from the operating expendi-
tures account of the state general fund for fiscal year 1999 for an addi-
tional amount of per diem compensation equal to the amount required
to provide, along with the amount of per diem compensation otherwise
payable, an aggregate amount of compensation of $72.06 per calendar
day for each member of the judicial council and for each regularly ap-
pointed member of a special committee of the judicial council who is not
a member of the judicial council for any calendar day occurring on or
after June 14, 1998, for which per diem compensation is payable to such
member of the judicial council or a special committee thereof under
K.S.A. 20-2206 and amendments thereto at the rate of compensation in
accordance with K.S.A. 75-3212 and amendments thereto at the rate pre-
scribed by subsection (a) of K.S.A. 46-137a and amendments thereto:
Provided, That expenditures for such purposes shall be made in the same
manner and at the same times that per diem compensation is payable to
such members of the judicial council or special committees thereof for
the biweekly pay periods for which such per diem compensation for cal-
endar days occurring on or after June 14, 1998, is payable and which are
chargeable to fiscal year 1999.

Sec. 50. (a) In addition to the other purposes for which expenditures
may be made by the attorney general from moneys appropriated from
the state general fund or from any special revenue fund for the fiscal year
ending June 30, 1998, as authorized by section 31 of chapter 123 or
section 33 of chapter 192 of the 1997 Session Laws of Kansas or as au-
thorized by this or other appropriation act of the 1998 regular session of
the legislature, or for the fiscal year ending June 30, 1999, as authorized
by this or other appropriation act of the 1998 regular session of the leg-
islature, expenditures shall be made by the attorney general from such
appropriations for fiscal year 1999 or fiscal year 1999 to renegotiate and
amend the state's contract with the law firms of Entz & Chanay, P.A.,
Scruggs, Millette, Lawson, Bozeman & Dent, P.A., and Ness, Motley,
Loadholt, Richardson & Poole, P.A., by which contract such firms agreed
to provide legal services to the state of Kansas for the purpose of seeking
injunctive relief, monetary relief (including, without limitation, damages
and civil penalties) and other relief against tobacco industry companies
and related entities in litigation arising from the advertising, marketing,
manufacturing, promotion, sale and/or distribution of cigarettes and other
tobacco products, to limit the attorney fees under such contract in ac-
cordance with this section and the attorney general is hereby authorized
and directed to renegotiate and amend such contract in accordance with
this section.

(b) The amendments to such contract shall provide for the limiting
of attorney fees and for attorney fees under such contract to be deter-
mined as follows:

(1) For the first $10,000,000 recovered, the rates and amounts of
attorney fees shall not exceed:

(A) For moneys recovered through settlement, the rate for attorney
fees shall be not more than 12.5% and the amount of such attorney fees
shall not exceed $1,250,000;

(B) for moneys recovered after the commencement of trial, the rate
for attorney fees shall be not more than 25% and in an amount not to
exceed $2,500,000; and

(C) for moneys recovered after the commencement of an appeal of
the trial court judgment, the rate for attorney fees shall be not more than
37.5% and in an amount of not to exceed $3,750,000;

(2) For the next $90,000,000 recovered, the rates and amounts of
attorney fees shall not exceed:

(A) For moneys recovered through settlement, the rate for attorney
fees shall be not more than 12.5% and the amount of such attorney fees
shall not exceed $2,500,000;

(B) for moneys recovered after the commencement of trial, the rate
for attorney fees shall be not more than 12.5% and the amount of such
attorney fees shall not exceed $5,000,000; and

(C) for moneys recovered after the commencement of an appeal of
the trial court judgment, the rate for attorney fees shall be not more than
12.5% and the amount of such attorney fees shall not exceed $7,500,000;

(3) For the next $900,000,000 recovered, the rates and amounts of
attorney fees shall not exceed:

(A) for moneys recovered through settlement, the rate for attorney
fees shall be not more than 2% and the amount of such attorney fees
shall not exceed $5,000,000;

(B) for moneys recovered after the commencement of trial, the rate
for attorney fees shall be not more than 2% and the amount of such
attorney fees shall not exceed $10,000,000;

(C) for moneys recovered after the commencement of an appeal of
the trial court judgment, the rate for attorney fees shall be not more than
2% and the amount of such attorney fees shall not exceed $15,000,000;

(4) For moneys recovered in excess of $1,000,000,000, the rates and
amounts of attorney fees shall not exceed:

(A) for moneys recovered through settlement, the rate for attorney
fees shall be not more than 2% and the amount of such attorney fees
shall not exceed an amount which would cause the total amount of attor-
ney fees under such contract to exceed the total contract limitation on
attorney fees of $20,000,000;

(B) for moneys recovered after the commencement of trial, the rate
for attorney fees shall be not more than 2% and the amount of such
attorney fees shall not exceed an amount which would cause the total
amount of attorney fees under such contract to exceed the total contract
limitation on attorney fees of $20,000,000; and

(C) for moneys recovered after the commencement of an appeal of
the trial court judgment, the rate for attorney fees shall be not more than
2% and the amount of such attorney fees shall not exceed an amount
which would cause the total amount of attorney fees under such contract
to exceed the total contract limitation on attorney fees of $20,000,000.

(c) In addition, the amendments to such contract shall provide that:

(1) The total amount of attorney fees paid pursuant to the such con-
tract shall not exceed $20,000,000. The division of attorney fees paid
pursuant to the such contract between national counsel and local counsel
shall be a matter resolved by the various private counsel.

(2) The actual amount of attorney fees shall be determined in ac-
cordance with the contract, as amended in accordance with this section,
in accordance with 1995 Kan. Ct. R. Annot. 226, MRPC 1.5, in accord-
ance with the terms of any settlement agreement or any other resolution
process.

(3) The limitations on attorney fees prescribed by the contract, as
amended in accordance with this section, shall not apply to fees which
the tobacco defendants may be directly liable for and which are paid to
one or more of such firms, except that any such attorney fees awarded
and paid to such firms shall be credited toward the attorney fee limitations
prescribed by this section and provided for in the amended contract.

(d) The amendments to such contract shall provide for attorney fees
under such contract to be reviewed and determined as follows:

(1) As required by the model rules of professional conduct
(MRPC)1.5(d), upon conclusion of the case, counsel shall provide to the
attorney general a written statement on the outcome of the case. If there
is a monetary recovery, the statement shall set forth the state of Kansas
share of the recovery and shall specify the amount and the method of
determination. The statement shall also specify what the counsel consider
to be their reasonable expenses and attorneys fees. The contract shall
provide for a copy of the statement to be provided to the president of
the senate, the speaker of the house of representatives, and any member
of the legislature of Kansas who requests a copy of such statement.

(2) After receiving such statement, the attorney general shall file an
application for such review of the attorney fees and expenses. The attor-
ney general shall file an application for such review with the Kansas su-
preme court and, if the Kansas supreme court does not conduct the initial
review, shall file an application for such review with an appropriate Kansas
state district court. After any such review by a Kansas state district court,
the attorney general shall consider whether the decision of the Kansas
state district court should be appealed to the Kansas supreme court.

(3) In the event a settlement is concluded with a provision for the
payment of attorney fees and expenses by award of an arbitration panel
from funds provided by the defendant tobacco companies, counsel will
seek the recovery of their reasonable expenses and attorney fees in ac-
cordance with that arbitration process and will elect not to seek the same
from the state of Kansas pursuant to this contract.

Sec. 51.

STATE CORPORATION COMMISSION (a) In addition to the provisions of the provisos to the appropriation
of moneys in the conservation fee fund for the fiscal year ending June
30, 1999, as prescribed in section 102(a) of 1998 Senate Bill No. 495, the
state corporation commission shall prepare a report to be made available
at the beginning of the 1999 regular session of the legislature to the house
of representatives committee on appropriations, the senate committee on
ways and means, the house of representatives committee on environment,
and the senate committee on energy and natural resources containing the
response of the state corporation commission to the February 1998 per-
formance audit by the division of post audit ``reviewing the activities of
the corporation commission's conservation division'' (98-36).

(b) On the effective date of this act, the expenditure limitation estab-
lished by section 37(a) of chapter 192 of the 1997 Session Laws of Kansas
on the aggregate expenditures from the public service regulation fund,
the motor carrier license fees fund and the conservation fee fund is
hereby decreased from $11,997,605 to $11,967,492.

(c) On July 1, 1998, the expenditure limitation established by section
102(b) of 1998 Senate Bill No. 495 on the aggregate expenditures from
the public service regulation fund, the motor carrier license fees fund and
the conservation fee fund is hereby decreased from $12,745,569 to
$12,715,456.

(d) On July 1, 1998, the position limitation established by section 105
of 1998 Senate Bill No. 495 for the above agency is hereby decreased
from 212.0 to 211.0.

Sec. 52.

INSURANCE DEPARTMENT (a) On July 1, 1998, the expenditure limitation established by section
92(a) of 1998 Senate Bill No. 495 on the insurance department service
regulation fund is hereby increased from $6,504,003 to $6,672,904.

(b) On July 1, 1998, the position limitation established by section 94
of 1998 Senate Bill No. 495 for the above agency is hereby increased
from 161.5 to 163.5.

Sec. 53.

STATE LIBRARY (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Grants to libraries and library systems
For the fiscal year ending June 30, 1999

$50,000

(b) On July 1, 1998, the amount prescribed by the proviso to the
grants to libraries and library systems account of the state general fund
in section 124(a) of 1998 Senate Bill No. 495 to be distributed as grants
in aid to libraries in accordance with K.S.A. 75-2555 and amendments
thereto is hereby increased from $2,375,121 to $2,425,121.

Sec. 54.

JUDICIAL BRANCH (a) On July 1, 1998, of the $74,057,667 appropriated for the above
agency for the fiscal year ending June 30, 1999, by section 98(a) of 1998
Senate Bill No. 495 from the state general fund in the judiciary operations
account, the sum of $148,326 is hereby lapsed.

Sec. 55.

STATE BOARD OF TAX APPEALS (a) There is appropriated for the above agency from the state general
fund for the fiscal year or years specified, the following:

Operating expenditures
For the fiscal year ending June 30, 1999

$700,000

(b) On July 1, 1998, the position limitation established by section 113
of 1998 Senate Bill No. 495 for the above agency is hereby increased
from 30.0 to 37.0.

Sec. 56. Appeals to exceed position limitations. The limitations im-
posed by this act on the full-time equivalent number of full-time and
regular part-time positions, excluding seasonal and temporary positions,
paid from appropriations made in this act or in any appropriation act of
the 1997 regular session of the legislature or in any other appropriation
act of the 1998 regular session of the legislature may be exceeded upon
approval of the state finance council.

Sec. 57. Appeals to exceed expenditure limitations. Upon written ap-
plication to the governor and approval of the state finance council, ex-
penditures from special revenue funds may exceed the amounts specified
in this act.

Sec. 58. Any state institutions building fund appropriation heretofore
appropriated to any state agency named in this or any other appropriation
act of the 1998 regular session of the legislature and having an unencum-
bered balance as of June 30, 1998, in excess of $100 is hereby reappro-
priated for the fiscal year ending June 30, 1999, for the same use and
purpose as originally appropriated, unless specific provision is made for
lapsing such appropriation.

Sec. 59. Any Kansas educational building fund appropriation here-
tofore appropriated to any state agency named in this or other appropri-
ation act of the 1998 regular session of the legislature, and having an
unencumbered balance as of June 30, 1998, in excess of $100 is hereby
reappropriated for the fiscal year ending June 30, 1999, for the same uses
and purposes as originally appropriated unless specific provision is made
for lapsing such appropriation.

Sec. 60. Any correctional institutions building fund appropriation
heretofore appropriated to any state agency named in this or other ap-
propriation act of the 1998 regular session of the legislature, and having
an unencumbered balance as of June 30, 1998, in excess of $100 is hereby
reappropriated for the fiscal year ending June 30, 1999, for the same uses
and purposes as originally appropriated unless specific provision is made
for lapsing such appropriation.

Sec. 61. Any Kansas special capital improvements fund appropriation
heretofore appropriated to any state agency named in this or other ap-
propriation act of the 1998 regular session of the legislature, and having
an unencumbered balance as of June 30, 1998, in excess of $100 is hereby
reappropriated for the fiscal year ending June 30, 1999, for the same uses
and purposes as originally appropriated unless specific provision is made
for lapsing such appropriation.

Sec. 62. Savings. Any unencumbered balance in any special revenue
fund, or account thereof, which is not otherwise specifically appropriated
or limited by this or any other appropriation act of the 1998 regular ses-
sion of the legislature, is hereby reappropriated for the fiscal year ending
June 30, 1999, for the same use and purpose as the same was heretofore
appropriated.

Sec. 63. Any transfers of money during the fiscal year ending June
30, 1999, from any special revenue fund of any state agency named in
this act or in any other appropriation act of the 1998 regular session of
the legislature to the audit services fund of the division of post audit under
K.S.A. 46-1121 and amendments thereto shall be in addition to any ex-
penditure limitation imposed on any such fund for the fiscal year ending
June 30, 1999.

Sec. 64. On the effective date of this act, section 11 of 1998 House
Substitute for Substitute for Senate Bill No. 424 is hereby repealed.

Sec. 65. Effective date. This act shall take effect and be in force from
and after its publication in the Kansas register.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

__________________________________

Governor.